The purpose of this Division is to prevent property damage, protect living resources and prevent environmental degradation to safeguard the public's health, safety, welfare and economic well-being by establishing minimum requirements for grading, reforestation, woodland conservation, drainage, erosion control and pollution discharge and control on land and to watercourses within Prince George's County, Maryland, and to establish procedures by which these requirements are to be administered and enforced. It is the further purpose of this Division to implement the provisions of the Code of Maryland Regulations (COMAR) 26.17.01, the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control (Standards and Specifications) and the Stormwater Act of 2007 (Act). Implementing this Ordinance will help reduce the negative impacts of land development on water resources, maintain the chemical, physical, and biological integrity of streams, and minimize damage to public and private property. The provisions of this Ordinance pursuant to Title 4, Subtitle 1 of the Environment Article of the Annotated Code of Maryland are adopted under the authority of the County Code and shall apply to all land grading occurring within the County. The application of this Ordinance and the provisions expressed herein shall be the minimum erosion and sediment control requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute.

Wherever the following words are used in, or in conjunction with, the administration of this Division, they shall have the following meaning: Act. Maryland Stormwater Act of 2007. Administration. Maryland Department of the Environment (MDE) Water Management Administration (WMA). Adverse impact. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, which are or may potentially be harmful or injurious to human health, welfare, safety or property, biological productivity, diversity, or stability or that unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Afforestation. The establishment of a biological community of perpetual woodlands either through the planting of trees in an area from which trees have always or very long been absent, or planting of open areas which are not presently in forest cover. Agricultural Land Management Practices. Those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources. Logging and/or timber harvesting operations shall not be considered a part of this definition. Applicant. Any person, firm, or government agency that executes the necessary forms to apply for a permit or approval to carry out construction of a project. Approval authority. The entity responsible for the review and approval of erosion and sediment control plans is the Prince George's Soil Conservation District. ASTM. The American Society for Testing Materials. Bedrock. The solid undisturbed rock in place either at the ground surface or beneath surficial soil deposits. Best management practice (BMP). A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. Borrow Pit. The source of earth or bank-run sand and gravel from below the ground surface by open pit excavation as a single incident on a site for use at a single construction site elsewhere, otherwise, the excavation will be classed as open-pit mining. Building Pad. The immediate site for a building including the area actually covered, plus the adjacent peripheral fringe area having a reasonable slope away from the building. Certification or to Certify. A signed written statement that specific plans and specifications, construction, inspections, or tests have been prepared and performed, and that such comply with the requirements of this Division. Chesapeake Bay Critical Area. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands' maps; and all State and private wetlands designated under the Annotated Code of Maryland, Natural Resources Article, Title 9; and all land and water areas within one thousand (1,000) feet beyond the landward boundaries of State or private wetlands and heads of tide designated under the Annotated Code of Maryland, Natural Resources Article Title 9, as indicated on approved Chesapeake Bay Critical Area Overlay Zoning Map Amendments. Class 1 Fill. Load-bearing fills proposed for support of buildings, walls and other structures, the function thereof which would be especially impaired by settlement. Class 2 Fill. Load-bearing fills proposed for support of roadways, pavements, rigid utility lines, house connections, and structures which would not be especially impaired by moderate settlement. Class 3 Fill. Common fills proposed for lawns, landscape plantings, or for other nonload-bearing usage. Clear. To remove vegetation and the vegetative ground cover while leaving the root mat intact. Compaction. Densification of soil or rock fills by mechanical or other acceptable procedures. Concept plan. The first of three plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02 and shall include the information necessary to allow an initial evaluation of a proposed project. Conservation Agreement. A formal agreement which commits a grading or building permit applicant to the execution of various approved elements of a Conservation Plan, including a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and other plans which may be required by the Department of Permitting, Inspections, and Enforcement or the Prince George's County Planning Board. Conservation Plan. A plan developed in accordance with Subtitle 5B, which demonstrates how a project has been designed to meet the specific Critical Area Commission criteria. The Conservation Plan consists of an approved stormwater management concept plan, an approved sediment and erosion control plan, a vegetation management plan, and such other plans relating to environmental systems as may be required by the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Prince George's County Health Department, the Department or the Prince George's Soil Conservation District. Control Measures. Structural or nonstructural devices or practices, or a combination thereof, which reduce pollutant discharges through control, treatment, prevention, management or monitoring measures and processes. County. Prince George's County Government. Cultivation. Plowing, dicing, harrowing and tilling of existing farm fields for the production of crops and livestock. Department. Department of Permitting, Inspections, and Enforcement. Director. The Director of Permitting, Inspections, and Enforcement or the Director's designee. Discharge. Any dumping, pumping, placement, storage, use, draining, handling, washing, tracking, spilling, leaking, transportation, conveyance or disposal practice or any other mechanism which may result in or may allow pollutants to enter onto land or within the watercourses of the County. Drainage. Stormwater runoff, snow melt runoff, surface runoff or ground water flows. Drainage area. That area contributing runoff to a single point measured in a horizontal plane that is enclosed by a ridge line. Drainage System. Any natural system or man-made device, mechanism or measure used in any manner for the collection, conveyance, management, treatment, disposition or disposal of drainage. Dust Free Surface. A ground composed of rolled and compacted cinders, gravels or other approved nonabsorbent materials to prevent rising of dust on roads, access ways, driveways and parking lots. Embankment of Fill. A deposit of soil, rock or other materials placed by man. Engineering Geology. The application of geological data and principles to engineering problems dealing with naturally occurring rock and soil, for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. Environmental Site Design (ESD). Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. Erosion. The process by which the ground surface is worn away by the action of wind, water, ice, or gravity. Erosion and sediment control. A system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation. Erosion and Sediment Control Plan. An erosion and sediment control strategy or plan, designed to minimize erosion and prevent off-site sedimentation. Excavation or Cut. An act, by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom. Exemption. Those land development activities that are not subject to the erosion and sediment control requirements contained in this Ordinance. Existing Grade. The vertical location of the existing ground surface prior to excavating or filling. Final Erosion and Sediment Control Plan. The last of three (3) erosion and sediment control plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. Final erosion and sediment control plans shall be prepared and approved in accordance with the specific requirements of the Prince George's Soil Conservation District and this Ordinance and designed in accordance with the Standards and Specifications. Finished or Proposed Grade. The final grade or elevation of the ground, drainage or other structures conforming to the proposed design. Forest Stand Delineation (FSD). A detailed accounting of woody vegetation prepared in plan and document form, as required by Subtitle 25. Grading. Any stripping, removal of topsoil, excavating, filling, stockpiling, grubbing, removing root mat or any combination thereof, including the condition resulting therefrom. Grading Permit. A permit issued to authorize work to be performed under this Division. The permit for grading and/or site development intended as an incident to building construction may be included as part of the building permit. Grading unit. The maximum contiguous area allowed to be graded at a given time. For the purposes of this Ordinance, a grading unit is 20 acres or less. Highly erodible soils. Those soils with a slope greater than 15 percent or those soils with a soil erodibility factor K, greater than 0.35 and with slopes greater than 5 percent. Inspection Agency. Means the Administration or, if delegated enforcement authority, Prince George's County. Landscape Architect. A person duly registered or authorized to practice landscape architecture in the State of Maryland and qualified to prepare grading plans and specifications. Load-Bearing Fill. Fill placed in a controlled manner to support structure foundations, vehicular traffic, or any earthwork which the instability thereof would constitute a public hazard or nuisance. Maximum Extent Practicable (MEP). Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and only where absolutely necessary is a structural BMP implemented. Mitigation. The offsetting of forest values lost due to the destruction of woodlands without a permit or contrary to an approved Tree Conservation Plan by replanting woodlands or agreed upon means. Natural Ground Surface. The ground surface in its original state before any grading, excavation or filling. Net Tract Area. For the purposes of woodland conservation, the gross tract area minus the approved one hundred (100) year floodplain and areas previously dedicated for public use. One Hundred (100) Year Floodplain. That area which would be inundated by a flood that has a one percent (1%) chance of being equaled or exceeded in any given year. Open-Pit Mining. The continuing or reoccurring removal of material from below the ground surface by open excavation on a site for immediate or ultimate use at the same or other site in processing and manufacturing of building and construction materials or any other products, or at various locations elsewhere in its natural state. Owner/Developer. A person undertaking, or for whose benefit activities covered by this Ordinance are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition. Permittee. Any person to whom a permit is issued pursuant to this Division. Person. Includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity. Pollutant. Sediment runoff due to erosion. Ponding. Water that remains on the ground surface in a single area larger than sixteen (16) square feet for more than forty-eight (48) hours after a rain event where cold weather conditions (such as, but not limited to, frozen ground or combined ice, snow or rain event) are not a contributing factor in water remaining on the ground surface. Prince George's Soil Conservation District. One (1) of twenty-four (24) soil conservation districts created pursuant to Subtitle 3 of the Agricultural Article of the Annotated Code of Maryland. Professional Engineer. A person duly registered or otherwise authorized by the State of Maryland to practice in the field of engineering. Reforestation. The re-establishment of a biological community of perpetual woodlands through the planting of trees on areas from which trees were recently removed. Refuse. See "solid wastes (refuse)." Responsible personnel. Any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan. Sediment. Soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means. Significant Drainage. Surface drainage rates that exceed three (3) cubic feet per second based on the ten (10) year storm event as calculated by the Rational Method. Site. Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land that are in one ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project. Site Development. The resulting condition of land improvements through the constructing, installing, placing or planting of: open and closed storm drainage facilities, stormwater management facilities, supporting foundations for utility lines and service (house) connections, parking lots, driveways, curbs, pavements, steps, sidewalks, bike paths, recreational facilities, patios, ground planters, ground covers, plantings, landscaping and logging and timber harvesting operations. Site Development Plan. The second of three (3) plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. A site development plan shall include the information necessary to allow a detailed evaluation of a proposed project. Slope. The inclined exposed surface of a fill, excavation or natural terrain. Soil. All earth material of whatever origin that overlies bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment. Soil Engineer. A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering. Solid Wastes (Refuse). The same as defined in Subtitle 21 of this Code. Stabilization. The protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, and/or structural means. Standards and Specifications. The "2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control" and any subsequent revisions. Stormwater. Water that originates from a precipitation event. Stormwater Management System. Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site. Stripping. Any activity which removes or significantly disturbs the vegetation surface cover including clearing, grubbing of stumps and root mat and top soil removal. Structural Rock Fills. Fills including limited amounts of rubble, broken asphalt, brick or concrete. Surveyor. A registered land surveyor licensed to practice land surveying in the State of Maryland and qualified to prepare grading plans and specifications. Timber Harvesting (Logging). The severing of any size tree above ground level leaving the root system and all stumps intact, except for the purpose of providing a temporary access for some other use, or for the removal of a dead, dying or hazardous tree. A Tree Conservation Plan may be required for the timber harvesting activities to be conducted in conformance with Subtitle 25. Topsoil. Soil to be used as topsoil, and the placement of topsoil over a prepared subsoil prior to the establishment of permanent vegetation, shall meet the specifications of, and be in accordance with, Maryland Department of the Environment, Standards and Specifications for Soil Erosion and Sediment Control, B-4-2 Standards and Specifications for soil preparation, and soil amendments. Tree Conservation Plan (TCP). A site map that delineates woodland conservation areas and the associated text that details requirements, penalties, and mitigation as described in Subtitle 25. Variance. The modification of the minimum erosion and sediment control requirements for exceptional circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this Ordinance. Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, swale or wash in which waters flow either continuously or intermittently. Watershed. The total drainage area contributing runoff to a single point.

Grading Permit. Except as exempted in Section 32-127, no person shall do, nor shall the property owner permit any site development or grading of land for any purpose without the owner/permittee of the said land first having obtained a grading permit from the Director. Before a grading permit for any site is issued by the County, the Prince George's Soil Conservation District must review and approve an erosion and sediment control plan for the site. Drainage System Connection Permit. A permit is required to connect or discharge to any drainage system or watercourse within the County. This permit is to ensure that all drainage systems are to be used primarily for the control, disposition and management of drainage, prohibit illegal discharge of pollutants and to safeguard water quality, living resources, public health and prevent damage to the drainage system. At the option of the applicant, a permit may cover the grading and other site development on a single lot, or on a combination of contiguous lots in a single block, or in contiguous blocks. The grading and other site development required on a single lot or parcel where one building permit is being issued shall conform to the provisions of this Division and may be included as part of the building permit, in which case no separate grading permit is required. With the exception of single family detached dwellings, a single grading permit is required for grading and other site development work on a single lot or parcel where two or more building permits are issued. The information reflected in the permit shall be maintained factual and current by the permittee. When the scope of work to be performed is solely for the purpose of commercial timber harvesting, the erosion and sediment control plan approved by the Prince George's Soil Conservation District shall be the sole technical basis for issuance of the grading permit. The fee for the timber harvesting permit shall be $100. No person shall disturb land without implementing soil erosion and sediment controls in accordance with the requirements of this Ordinance and the Standards and Specifications except as provided within this Section.

Provided all other provisions of this Division are met and excluding the property located within the Chesapeake Bay Critical Area Overlay Zone, no grading or storm drain connection permit will be required under the following conditions: Agricultural land management practices and construction of agricultural structures; and removal of cultivated sod, shrubs and trees for transplant as part of a regular commercial activity. The stockpiling, with slopes at a natural angle of repose, of raw or processed sand, stone and gravel at concrete, asphalt and material processing plants and storage yards not associated with a development application. Refuse disposal areas or sanitary landfills operated and conducted in accordance with the requirements, rules and ordinances adopted by Prince George's County. Grading for or by, and on land owned by, the United States of America or the State of Maryland when used exclusively for purposes originally acquired or consistent with constitutional and statutory authorizations and limitations; or for, by or under permit from a municipality authority, State Highway Administration or the County Department of Permitting, Inspections, and Enforcement to the extent such grading is within public right-of-way and adjacent slope easements or minimum slope areas only, and specifically exclusive of the remainder of the lot. Grading and trenching by privately or publicly-owned and operated public utility companies or commissions for open channel improvements and underground utility installations and maintenance in: Public rights-of-way and Washington Suburban Sanitary Commission easements; and Utility easements immediately adjacent to public rights-of-way or in the space on abutting lot(s) needed to accommodate the respective house connections; provided, however, that all grading and trenching involved is included in a current site grading permit or as part of a current building permit. Grading, as a maintenance measure, or for landscaping or construction purposes on existing developed lots or parcels, provided: The aggregate of area(s) affected or bare-earthed at any one (1) time does not exceed five thousand (5,000) square feet or disturb less than 100 cubic yards of earth; The grade change does not exceed twelve (12) inches at any point and does not alter the drainage pattern; All bare earth is promptly seeded, sodded or otherwise effectively protected from erosive actions. Does not require a Tree Conservation Plan per Subtitle 25. Grading and related earthwork, incidental to individual water wells and sewage disposal (septic) systems installed pursuant to a valid permit from the appropriate authority.

Permits issued pursuant to this Division do not relieve the owner/permittee of responsibility for securing required permits for work to be done which is regulated by any other applicable code, act or ordinance. The provisions of this Division shall not preclude the inclusion in such other permit of more stringent regulation or requirements concerning the grading of land.

A written application from the owner of the site or the owner's authorized representative, in the form prescribed by the Director, shall be required for each permit. Grading and site development plans and specifications shall be submitted with each application for a grading permit, unless because of remoteness from adjacent properties and/or self-evidence of the ease of compliance with this and other requirements of this Subtitle, the Director specifically determines that none are required. These plans shall be prepared or approved and signed and sealed by a professional engineer, surveyor, architect or landscape architect. The Director may waive the preparation or approval and signature by the professional engineer, surveyor, architect or landscape architect only when it is self-evident that the work is simple, clearly shown, and entails no hazard or nuisance potential to adjacent property and does not include the construction of a fill upon which a structure may be erected. Application for a drainage connection permit shall be filed in conjunction with, and pursuant to, the Concept plan application as in Section 32-177 of this Subtitle or as directed by the Director as part of an enforcement action under Section 32-116 of this Subtitle.

In addition to the requirements in Section 32-129, plans and specifications accompanying the grading permit application shall meet the requirements and show data as follows: Additional sets of prints shall be submitted in quantity as determined by the Director to coordinate the applied for permit issuance with collateral activities of all other County agencies. The paper size for plans shall not exceed 30" × 42". Date, name, address and telephone number of preparer of plans, or each discipline and owner of site. Certification from preparer of the plan, or each discipline (surveying existing conditions, proposed surface grade establishments, load-bearing fills and slope stabilities, storm drainage, retaining walls, etc.), as might have participated in the finished form, attesting to the completeness and correctness of existing conditions as shown and to the compliance of all proposed grading and other work with all of the requirements of this Subtitle, except for specific waivers or modifications as listed. A clear and definite delineation of limits of disturbance and areas where vegetation is to remain, in conformance with the approved Tree Conservation Plan if one is required, along with a calculation of the disturbed area in square feet of the total site minus that area to remain undisturbed and currently having an effective erosion resistant ground cover or surface. For all applications, other than those for surplus earth disposed on sites ten (10) acres or larger existing topography, proposed grading and site development with contours at one (1) or two (2) foot intervals, and drawn at a scale no smaller than one (1) inch equals fifty (50) feet of the entire site, plus a minimum twenty (20) foot adjacent peripheral strip; or as might otherwise clearly reflect existing conditions and proposed grading and other work, provided that such other interval and scale has the Director's approval in advance of plan preparation. For surplus earth disposal on sites ten (10) acres or larger existing topography and proposed grading and site development for restoration to a condition meeting the minimum design and construction standards provided for elsewhere herein, with contours at no greater than five (5) foot intervals and drawn at a scale no smaller than one (1) inch equals two hundred (200) feet; provided, however, that for work to be performed within fifty (50) feet of any property line plans shall conform to the requirements of Paragraph (5) of this Subsection. A clear and definite delineation with dimensions for sizing and locating areas for each class of fill proposed. Established, or in the case of new subdivisions being processed, approved tentative street grades (elevations), including Maryland-National Capital Park and Planning Commission and/or Department of Public Works and Transportation file number(s). Basement, first floor and ground elevations at corners of all buildings, spot elevations at critical points on the proposed grading plan, and on all other structures; and profiles and/or cross sections showing the proposed and finished grade of driveways, access lanes, walks, watercourses, as needed to demonstrate compliance with this Subtitle. Size, location and construction details of all proposed site development. Drainage area map and study including computations covering the entire area tributary to the site, and showing calculated runoff to all structures, lines and open channel facilities. A clear and definite delineation of the proposed subdivision of the site for the purpose of staging, to minimize time of exposure to erosive actions, along with the construction of the sequential order for the working of each, and a statement of their respective areas, minus the area therein to remain undisturbed, in square feet. Soil type as shown on the USDA Soil Survey of Prince George's County or soil type as determined by a professional engineer at the location of each proposed residential building. For each proposed residential building lot on which a basement is proposed to be constructed, the hydrological characteristics of the lot to a depth of six (6) feet below the finished floor level of the basement and the depth of the closest aquifer to the proposed final grade of the basement. Time required for performing and completing all work on the site, with anticipated starting and completion dates for each subdivision thereof, as staged to minimize exposure to erosive actions. An approved Type 2 Tree Conservation Plan or valid letter of exemption from the Woodland Conservation Ordinance in conformance with the provisions of Subtitle 25.

The Director shall require a soils investigation report prepared and certified by a professional engineer duly registered in the State of Maryland to correlate surface and subsurface conditions with the proposed grading, site and building plans. The Director may require a soils investigation report depending upon slopes, anticipated characteristics of soil, drainage characteristics and the like. The results of the investigation shall be presented in a report by a professional engineer which shall include, but need not be limited to, data regarding the nature, distribution and supporting ability of existing soils and rock on the site and include conclusions and recommendations for grading requirements and erosion control including recommendations to insure stable soil conditions and groundwater control applicable. The Director may require supplemental reports and data by an engineering geologist as might be deemed necessary. Recommendations included in such reports and approved by the Director shall be incorporated in the grading plan or specifications.

The Director may waive or modify requirements of this Division on such conditions and subject to submission of such reports deemed necessary to insure compliance with the intent of this Subtitle. No waiver or modification will be considered, granted or approved unless: Specifically requested in writing; and Each such waiver or modification is specifically and separately approved in writing by the Director. Approval of the plans will not constitute approval of any waiver or modification of any requirement of this Subtitle that might otherwise be shown on the plans. Erosion and Sediment Control Variances: The Prince George's Soil Conservation District may only grant a variance from the requirements of the Standards and Specifications when strict adherence will result in unnecessary hardship and not fulfill the intent of this Ordinance. The owner/developer shall submit a written request for a variance to the Prince George's Soil Conservation District. The request must state the specific variance sought and the reasons for the request. The Prince George's Soil Conservation District shall not grant a variance unless and until sufficient information is provided describing the unique circumstances of the site to justify the variance.

General. Grading permits shall not be issued where the proposed grading would cause hazards adverse to public safety and welfare or violate the Code. If it can be shown to the satisfaction of the Director that any hazards caused can be essentially eliminated by the construction of retaining structures, buttress fills, drainage facilities, including furnishing of the necessary easements, the Director may issue the grading permit on the requirement that such construction work is performed and after secured easements are granted and recorded. Hazardous grading. The Director shall not issue a grading permit where he finds that the work as proposed by the applicant will damage any private or public property, or interfere with any existing drainage course in such manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any waterway, or create an unreasonable hazard to persons or property. Geological hazard. If, in the opinion of the Director, the land area for which grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability or any other such hazard to persons or property, the grading permit shall be denied. Floodplain Hazard. Grading within the one hundred year floodplain is subject to the controls and requirements of this Code and, if permitted pursuant thereto, must also comply with this and other Sections of this Code. Woodland Conservation. The Director shall not issue a grading permit: Where the work proposed would violate an approved Tree Conservation Plan; or if a valid Letter of Exemption has not been obtained; or Within five (5) years of timber harvest unless mitigation is provided that is consistent with the woodland conservation requirements of the underlying zone. The denial of a grading permit application for the reasons stated in Subsection (e), above, may only be appealed to the Prince George's County Board of Administrative Appeals, in accordance with its established Rules and Regulations. No drainage system connection permit for a connection to any watercourse or public drainage system shall be issued to discharge pollutants without applicable Federal, State or local pollution discharge permits, or other applicable permits such as a wetland permit. Any permittee or property owner shall notify the Director of any Federal or State pollution discharge permit or conditions thereof to any drainage system or watercourse issued within the County. Failure to obtain a pollution discharge permit from the Director of a state or federal agency shall result in the denial or revocation of any permit issued by the Department of Permitting, Inspections, and Enforcement and shall subject the permittee or property owner to the provisions of Section 32-150(a), 32-196, 32-197 of this Subtitle and 28-261 of the County Code.

No permit shall be issued for grading and other work covered within this Division until the fees established in Section 32-120 have been paid.

In the evaluation of development sites, no permit for grading and/or site development disturbing more than one acre of the site shall be issued until the applicant (excepting County Governmental Departments and agencies, municipalities and/or municipal corporations for municipal-owned property), as principle, has posted a cash deposit or bond from an approved corporate surety or other collateral, including a certificate of guarantee pursuant to Section 2-463, if determined acceptable by the Director and by the County Attorney, to guarantee and assure that all work will be completed in accordance with the approved plans and the provisions of this Division. Except as otherwise provided, the amount of any bond required to be posted under this Section shall be equal to or greater than the total cost of the project, as estimated by the Department, including an additional twenty-five percent (25%) of the estimated cost for contingencies, plus the current unit price per square foot of the area to be afforested or reforested. No deposit or bond is required for a single permit for grading and other work disturbing less than one acre. However, a cash deposit or bond is required for simultaneously applied for, or sequentially numbered permits for, work on contiguous lots or parcels with an aggregate disturbed area of more than one acre, or in those instances, in the determination of the Director, where individual permit applications necessitate the need for the posting of a bond. This exception to the bond requirement shall not be construed as an exception to the requirements for a permit. If all work authorized by the permit is not completed within the time specified therein or as otherwise provided for in Section 32-143 or violates any other term or condition of the permit it shall be defaulted. A cash deposit shall be forfeited or, if a bond has been posted, action will be taken as follows: Where the Director determines that a permit is in default and the work is guar-anteed by a surety bond, the Department shall immediately notify the bonding institution or agent to undertake and complete the work in accordance with the permit. Where the Director has determined that a permit is in default and the work is guaranteed by a form of bond other than a surety bond, and the bonding institution or agent fails to commit to undertake completion of the work within thirty (30) days of having been given notice by the Department, the Director shall immediately move to collect all bonds which have been posted. Upon a decision to collect the bonds, the Director shall evaluate the work remaining to be performed and determine whether, the work covered by the permit should be completed; the work site should be restored to its original condition; or other modifications to the permitted work site should be made. The Director shall then determine whether the bonds posted are sufficient to carry out the required completion, restoration or modified work. After evaluating the work to be performed as specified above, the Director shall develop an estimate of the costs for said work, to include an amount equal to twenty-five percent (25%) of the anticipated construction cost as contingency, and compare the estimated amount to the amount of the bond posted by the permittee. If the amount of the bond posted is in excess of the estimate, the Department shall immediately move to collect the bonds and carry out the necessary work. The entire amount of the bonds posted may be used either in or near the permit site as may be determined by the Director to be necessary. If the bonds posted are not sufficient, the Department shall develop and implement a course of action as determined by the Director. The Department shall immediately move to collect all of the bonds which have been posted. If the bonds which have been posted are in excess of the amount required to complete the permitted work, any necessary restoration work or modified work as determined necessary by the Director to be necessary, the excess amount shall be released to the payer after all work has been finished by the Department and all costs of same have been accounted for. Upon notification that a bond has been forfeited in accordance with this Subtitle, the bonding institution or agent providing the bond shall have thirty (30) days to issue payment to the County. If the bonding institution or agent fails to render payment within thirty (30) days of the notice from the Director to make payment, the bonding institution or agent may be barred from issuing any subsequent bonds for any other work within the County for a period of five (5) years. The right to reissue bonds after having been previously barred shall be allowed only after all outstanding amounts have been paid, plus an amount equal to ten percent (10%) a year, compounded annually. All funds received from defaulted permits will be used by the County to defray the cost of contracting, including engineering and administration and for the completion of all work authorized by the permit per the approved plans, but no less than restoring the site to meet the minimum requirements of this Division with particular emphasis on stability, safety, drainage, vegetative cover and erosion control. Any unused portion of monies forfeited will be returned. In the event that the entire amount of cash deposit or bond is expended, the permittee has a continuing obligation for payment of all additional monies expended by the County for the implementation of the plan. Upon certification from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes. Before acceptance, all bonds shall be approved by the Director and the County Attorney. If a corporate bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Maryland. If a cash bond is offered, it shall be deposited with the Office of Finance, Treasury Division, which shall give an official receipt therefore, stipulating that said cash has been deposited in compliance with, and subject to the provisions of this Section. Cash deposits shall be returned and surety bonds cancelled upon compliance of all work authorized by the permit and the issuance of a certificate of completion by the Director. Upon completion and acceptance of the various stages of grading and/or site development, the permittee may request, in writing to the Director, partial release of the monies posted as a guarantee pursuant to this Section. A Two Hundred Fifty Dollar ($250.00) nonrefundable fee (Section 32-120) for administrative expenses shall be paid for each request. Whenever the Director requests payment of the monies posted as a guarantee pursuant to this Section, the permittee shall pay a Two Hundred Fifty Dollar ($250.00) nonrefundable fee (Section 32-120) for administrative expenses. Where a site requires afforestation or reforestation, no grading permit, building permit, or combination thereof, shall be issued until the applicant has posted a cash deposit or bond from an approved corporate surety or other collateral, including a certificate of guarantee pursuant to Section 2-463, if determined acceptable by the Director and by the County Attorney, to guarantee and assure that all work will be completed in accordance with the approved plans and the provisions of this Division and Subtitle 25.

In granting a permit pursuant to this Division, the Director may impose such conditions as may be reasonably necessary to prevent water quality degradation by the discharge of pollutants, or creation of a nuisance or unreasonable hazard to persons, or unnecessary destruction of living resources or damage to property. Such conditions shall include (even if not specifically written in the permit), but need not be limited to: The granting (or securing from others) and recordation in County land records of easements for drainage facilities, including the acceptance of their discharge on the property of others, and for the maintenance of slopes or erosion control facilities. Adequate control of dust by watering, or other control methods that is in conformance with applicable air pollution ordinances. Improvements of any existing grading, ground surface, or drainage condition on the site (not to exceed the area as proposed for work or development in the application) to meet the standards required under this Division for new grading, drainage and pollution control. Sediment traps and basins located within a densely populated area or in the proximity of an elementary school, playground or other area where small children may congregate without adult supervision shall be enclosed with a minimum forty-two (42) inch high safety fence. Protection of water quality through the implementation and maintenance of drainage treatment devices or the use of control measures.

Neither the issuance of a permit under the provisions of this Division nor compliance with the provisions hereto or with any condition imposed by the Director hereunder shall relieve any person from responsibility for damage to persons, property, drainage systems, living resources, or the general environment nor impose any liability upon the County for damages to persons and property.

Notwithstanding other conditions or provisions of a permit or the minimum standards set forth in this Division, the permittee is responsible for the abatement of pollutant discharges, damage to adjacent property, and the maintenance of water quality. No person shall perform grading on land in any manner or so close to the property line as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sedimentation, or other damage or personal injury which might result. The permittee shall be responsible for the prompt removal of, and damages resulting from, any soil, miscellaneous debris, pollutant discharge, or other materials washed, spilled, tracked, dumped, or otherwise deposited on public or private streets, highways, sidewalks, watercourses or other public thoroughfares as an incident to the construction activity, or during transit to and from the construction site where, in the opinion of the Director, such deposition constitutes a public nuisance or hazard. During grading operations, the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.

The issuance of a grading permit shall constitute an authorization to do only that work described in the permit and shown on the approved site plans and specifications, in strict compliance with the requirements of this Division, unless each and every modification or waiver is specifically listed and given specific approval by the Director pursuant to Section 32-132. The issuance of any drainage connection permit shall constitute an authorization to discharge subject to continued compliance with any covenants, stipulations, and agreements and the provisions of the connection permit and any maintenance agreement, in full compliance with any other Federal, State or local water quality protection laws.

The permittee, his agent, contractors and employees shall carry out the proposed work in accordance with the approved plans and specifications, and in compliance with all the requirements of the permit and this Subtitle.

In the event work does not conform to the permit or to the plans and specifications or to any instructions of the Director, notice to comply shall be given to the permittee in writing. After notice to comply is given, a maximum period of up to ten (10) days, in the determination of the Director, shall be allowed for the permittee or his contractor to begin to make the corrections. If an imminent hazard exists, the Director may require that the corrective work begin immediately. In the event of a failure to comply as directed or to satisfactorily complete all work required, the Director is hereby authorized to use the monies posted as guarantee pursuant to Section 32-135 of this Code to complete the work by contract or to order its completion by County personnel. If the Director finds any existing conditions to be other than as stated in the application or approved plans, he may stop the work until a revised plan is submitted conforming to the existing conditions. Failure of the permittee to comply with the directives of this Section will constitute a violation to this Section, and the Director may cancel the permit and proceed with the necessary restoration of the site using the Development Bond funds provided under Section 32-135. Any discharge or connection to a drainage system or watercourse which is not permitted subject to the provisions of this Division or not permitted under other Divisions of this Code which is found to contain pollutants shall be considered illegal and in noncompliance, and subject to enforcement and permitting actions set forth in this Code. Erosion and Sediment Control Enforcement: The County shall, through the authority of this Ordinance and COMAR 26.17.01 use enforcement action when erosion and sediment control violations occur. Enforcement actions may include, but are not limited to: Issuance of a corrective action order; Issuance of a stop work order, the extent of which is determined by the County; Issuance of a penalty or fine as allowed; and Referral for legal action. The County may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit or approved erosion and sediment control plan. The County shall stop work on a site where land disturbance is occurring without an approved erosion and sediment control plan, if not otherwise exempt. Measures shall be required to be implemented to prevent off-site sedimentation. Severability: If any portion, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this Ordinance, it being the intent of the County that this Ordinance shall stand, notwithstanding the invalidity of any portion, section, subsection, sentence, clause, or phrase, hereof. Penalties: Any person who violates any provision of this Ordinance is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both for each violation with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense. Any agency whose approval is required under this Ordinance or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Ordinance. In addition to any other sanction under this Ordinance, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to the County or the State in a civil action, for damages in an amount equal to double the cost of installing or maintaining the controls. Any governing authority that recovers damages in accordance with this subsection shall deposit them in a special fund, to be used solely for: Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and Administration of the sediment control program.

The Prince George's Soil Conservation District may require the revision of approved plans as necessary. Modifications may be requested by the owner/developer, the inspection agency, or the County in accordance with COMAR 26.17.01.09(H) Plan Modifications. The Prince George's Soil Conservation District shall develop a list of minor modifications that may be approved as field revisions by the inspection agency. The Administration shall review and approve any list of minor modifications prior to its implementation.

Generally. Grading or drainage system connection permits shall be issued for a period not to exceed two (2) years where the estimated cost of work is less than Five Hundred Thousand Dollars ($500,000.00) and for a period not to exceed three (3) years where the estimated cost of work is equal to or more than Five Hundred Thousand Dollars ($500,000.00). The permittee shall fully perform and complete all of the work shown on the plans within the time limit specified in the permit. Extension. Prior to the expiration of a grading permit, the permittee may present a written request for an extension to the Director. If an extension is warranted, it may be granted in one year increments, one year at a time. Extension fees for grading shall be calculated at the same rate as permit fees, and based on the amount of site area that has not received final inspection approval as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. Extension fees for storm drain, stormwater management (private and public systems outside the public right of way) shall be calculated at twenty-five percent (25%) of the same rate as the permit fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. Extension fees for road construction included in a grading permit shall be calculated in accordance with Section 23-122 of the County Code. The applicability of bonding requirements shall be adjusted accordingly. Application for permit renewal and extension shall be made at least sixty (60) days prior to the permit expiration date. Permit Expiration and Renewal. Application for permit renewal and extension shall be made at least sixty (60) days prior to the permit expiration date. Extension beyond 6 years. If, in the opinion of the Director, a permit extension beyond six (6) years is warranted, it may be granted in one year increments. Such extensions require justification from the permittee and approval by the Director of the Department of Permitting, Inspections and Enforcement. No Activity. If no site work and/or no site inspections have occurred in a six (6) month period, the County may, in its sole discretion, default or close the permit.

The Director or his designee shall inspect all work and shall require that the permittee furnish adequate supervision, documentation of satisfactory testing and compaction prepared and certified by a professional engineer duly registered in the State of Maryland for all Class 1, Class 2 and Class 3 fills as deemed necessary. After the issuance of a grading permit, the permittee, the contractor and/or their agents shall attend a preconstruction meeting on-site with the Director or his designee on each site requiring an approved sediment and erosion control plan. After obtaining the initial site grading permit(s), the permittee shall obtain written inspection approvals by the Director at the following stages in the development of the site or of each phase of development thereof: Upon completion of installation of tree protection devices, followed by the installation of perimeter erosion and sediment controls, prior to proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until initial approval of the tree protection devices and perimeter erosion and sediment controls has been obtained; Upon completion of stripping, the stockpiling of top soil, the construction of temporary sediment and erosion control facilities, disposal of all waste material and preparation of the ground; Upon completion of rough grading, but prior to placing top soil, permanent drainage, or other site development improvements and ground covers; Upon completion of final grading, permanent drainage and erosion control facilities including established ground covers and planting, and all other work required by the permit. The Director may make additional inspections as might be deemed appropriate. Work shall not proceed beyond the stages outlined above until the Director or his designee inspects the site and approves the work previously completed. Requests for inspections shall be made at least twenty-four (24) hours in advance (exclusive of Saturdays, Sundays and holidays) of the time the inspection is desired. The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site. Every active site having an approved erosion and sediment control plan should be inspected for compliance with the plan on average, once every two (2) weeks. The County shall notify the on-site personnel or the owner/developer in writing when violations are observed, describing: The nature of the violation; The required corrective action; and The time period in which to have the violation corrected. Right of Entry: It shall be a condition of every grading or building permit that the County has the right to enter property periodically to inspect for compliance with the approved plan and this Ordinance. Complaints: The County shall accept and investigate complaints regarding erosion and sediment control concerns from any interested parties and: Conduct an initial investigation within three (3) working days from receipt of the complaint; Notify the complainant of the initial investigation and findings within seven (7) days from receipt of the complaint; and Take appropriate action when violations are discovered during the course of the complaint investigation. For inspection and enforcement of the woodland conservation program and the erosion and sediment control program, the following shall be required: Ensure that approved tree conservation plans and approved Erosion and Sediment Control plans and permits are on the site and are complied with; Ensure that every active site having an erosion and sediment control plan is inspected for compliance with the approved plan on the average of once every two weeks; and Prepare written reports after every inspection that describe: The date and location of this site inspection; Whether the approved plan has been properly implemented and maintained; Practical deficiencies or erosion and sediment control plan deficiencies; and If a violation exists, the type of enforcement action that is taken. If applicable, a description of any modifications to the plan.

Periodic reports of land grading activities and the supervision, testing and compaction control documenting the compaction of fill and certifying the acceptability and location of all fills shall be submitted to the Director. Where so directed, an as-built plan and the reports shall include certification of the adequacy of: Stripped areas and benched or keyed surfaces prepared to receive fills; Removal of unsuitable materials; Fill placement locations and depths; Construction of erosion control facilities, drainage devices, buttress fills, subdrains, retaining walls and other grading appurtenances; and Elevations of all rough grading completed. Prepare written reports after every inspection that describe: The date and location of this site inspection; Whether the approved plan has been properly implemented and maintained; Practical deficiencies or erosion and sediment control plan deficiencies; If a violation exists, the type of enforcement action that is taken; and If applicable, a description of any modifications to the plan.

The transfer of ownership of a site or any portion thereof by a permittee shall not relieve such permittee from any obligations under this Division.

Upon completion of the work, the Director shall require a report from a registered professional engineer, surveyor or architect certifying that all site work and facilities have been completed in accordance with the conditions of the permit, the approved plans and specifications, with the minimum standards of this Division, with a specific listing of all waivers as might have been approved.

Upon receipt and approval of the final reports, if required by Section 32-147, and upon determining that all permitted work has been satisfactorily completed in conformance with this Subtitle, the Director will issue a certification of completion, the same being prerequisite to the return of the cash deposit or release of bond in whole or part pursuant to Section 32-135.

On any property on which grading or other work has been performed pursuant to a permit granted under this Division, the permittee or owner, or the agent, contractor and employees of the permittee or owner shall continuously maintain and repair all graded surfaces and erosion control facilities, drainage structures or means and other protective devices, plantings and ground cover installed and completed.

Remedy of Defects. Deficiencies, Discharges, Connections and Maintenance. Whenever and wherever the Director finds that any existing grading, drainage, ground condition, discharge or drainage connection is defective, deficient or illegal under the requirements of this Division and constitutes or creates a public nuisance or hazard, or will result in adverse impacts to water quality or may cause damage to property, drainage system, or a watercourse, then and in such event the owner/permittee of the property upon which condition is located, or the person responsible for the condition, upon receipt of notice in writing from the Director, shall within the period specified therein, secure the required permit, perform or cause to be performed the required remedial work, repairs or maintenance so as to correct and remedy the defect or condition, and to be in conformance with the requirements of this Division and other requirements of this Subtitle. Disregard of Notice to Remedy Condition; Penalty or Enforcement. Failure to complete or undertake the required remedial work within the period specified shall constitute a violation(s) pursuant to Sections 32-107 and 32-118 of this Subtitle. If an act, omission or condition constituting a violation is of a continuing nature, each day that a violation continues shall be deemed a separate offense. The actual application of the penalty provisions of these Sections, or the possible prospective application thereof shall not preclude the enforced removal, correction or abatement of prohibited conditions or use through appropriate proceedings in a court of law. The notice provisions of Sections 32-107 and 32-118 and as amended herein shall not be applicable when, in the determination of the Director, there is an unsafe condition of soil or premises, or both, which constitutes a violation of one or more of the provisions of this Division and is a serious, immediate threat to the health or safety of the general public or adjacent property. Emergency Measures. The application of such penalty shall not preclude the enforced removal, abatement or correction of the conditions which were found to be in noncompliance, through appropriate proceedings in a court of law. In addition, the County may take those actions necessary to correct the situation, and all costs incurred therefore shall be recovered from the responsible person in accordance with Section 32-108(e), or through other legal recourse.

Site grades shall be adapted to establish street grades and topography, preserving to the extent feasible the natural contours, existing woodlands, specimen trees and terrain features. Concentrated surface drainage from each lot or parcel shall discharge directly, or through no more than one (1) adjacent lot unless suitable easements are granted to accommodate its flow into a publicly maintained drainage system, street or continuously flowing natural watercourse. Easements may not be required if, in the opinion of the Director, it can be demonstrated by a Maryland registered professional engineer that the concentrated surface drainage is insignificant and/or will not adversely affect adjacent properties. Slope Limitations. In effecting the foregoing objectives, the slope limitations specified in Table 4 herein and elsewhere in this Division shall be followed. The exact value shall be determined by the preparer of the plan to suit each specified site. TABLE 4 - SITE SLOPE LIMITATIONS FEATURE MAXIMUM MINIMUM Setback of Building from edge Building Pad or Shelf — 10 ft. * Slope of Pad or Shelf Away from Building, Residential 30" in 10' 10" in 10' Slope of Pad or Shelf Away from Building, All Others — 10" in 10' Yards or Lawns 3:1 2 ½% Slope of Terraces, Slopes or Banks, Residential 3:1 — Slope of Terraces, Slopes or Banks, all others 2:1 — Side Slope of Swale or Ditch 3:1 10:1 Longitudinal Gradient of Sodded Swale or Ditch 4% or ** 2% Slope patios-longitudinal pitch (end to end) and Lateral pitch (side to side) away from the Building 1/4" in 12" 1/8" in 12" Driveways - lateral pitch (side to side) away from Building Sidewalks and leadwalks - lateral pitch 1/2" in 12" 48:1 1/8" in 12" — Driveways - longitudinal pitch (end to end) away from the Building Sidewalks and leadwalks - longitudinal 12.5% 12:1 1% — Parking Lots and Areas 7% 1% * Minimum from sides of single-family residences and from ends of a townhouse complex is four (4) feet. ** The slope that will yield a velocity no greater than four (4) feet per second.

Exception. Slopes steeper than 3:1 may remain undisturbed and undeveloped when preserving a forested area; however, a soils analysis may be required by the Director if the long term stability of the slope is in question. Building Types and Designs. Selection of building types and designs shall be coordinated with, and shall be considered secondary to, conformance of the site grading to the foregoing objectives, the preferred slope limitations, and other requirements of this Division. Factor of Safety. All slopes shall have a factor of safety of 1.5.

All graded surfaces shall have suitable soil for permanent vegetative growth; free of any rocks, stones or other nonirreducible/nonorganic matter larger than one and one-half (1 ½) inches in diameter; disked and raked; and shall be limed, fertilized, seeded, mulched with tack or sodded, planted or otherwise protected from erosion; and shall be watered, tended and maintained until growth is well established. Topsoil shall be in accordance with the Maryland Department of the Environment, Standards and Specifications for Soil Erosion and Sediment Control, B-4-2 Standards and Specifications for Soil Preparation, Topsoiling and Soil Amendments or approved subsequent revisions thereof. Stabilization methods and materials shall be in accordance with the Maryland Department of the Environment, Standards and Specifications for Erosion and Sediment Control, B-4-4, B-4-5, Standards and Specifications for Temporary and Permanent Stabilization, or approved subsequent revisions thereof. Upon completion of the work, a vegetative ground cover certification from a registered professional engineer, surveyor, or landscape architect shall be provided certifying that all disturbed or graded surfaces on the project site, with exception of areas shown on the plan that do not apply, have permanent vegetative growth and that the vegetative materials were placed in accordance with this Section and have been completed in accordance with the conditions of the permit, the approved plans and specifications, and with the minimum standards of this Division, with specific listing of all waivers as might have been approved.

No grading permit shall be issued for areas to be disturbed in excess of five thousand (5,000) square feet or one hundred (100) cubic yards of earth moved without an approved erosion and sediment control plan which meets the requirements of the Prince George's Soil Conservation District, this Division, the State Sediment Control Regulations, COMAR 26.17.01, and the Standards and Specifications. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. This plan shall serve as a basis for all subsequent grading and stabilization. The applicant shall certify on the plan that all clearing, grading, drainage, construction and development shall be conducted in strict accordance with the plan. At a minimum, applicants shall submit the following information to the Prince George's Soil Conservation District: A letter of transmittal and/or application known as a site analysis; A vicinity sketch indicating north arrow, scale and other information necessary to easily locate the property; Drainage area map(s) showing existing, interim, and proposed topography, proposed improvements, standard symbols for proposed sediment control features, and pertinent drainage information including provisions to protect downstream areas from erosion for a minimum of 200 feet downstream or to the next conveyance system; The location of natural resources, wetlands, floodplains, highly erodible soils, slopes 15 percent and steeper, and any other sensitive areas; A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the Prince George's Soil Conservation District or the USDA Natural Resources Soils Conservation Service; Proposed stormwater management practices; An Erosion and sediment control plan at an appropriate scale, including at least: Name, address and telephone number of: The owner of the property where the grading is proposed; The applicant; and The developer. The existing topography and improvements as well as proposed topography and improvements at a scale between 1" = 10' and 1" = 50' with 2 foot contours or other approved contour interval; Scale, project and sheet title, and north arrow on each plan sheet; The proposed grading and earth disturbance including: Total disturbed area; Volume of cut and fill quantities; Volume of borrow and spoil quantities; Specific limits of disturbance consistent to that shown on an approved Type 2 Tree Conservation Plan; and A clear and definite delineation of all woodland conservation areas and areas to remain undisturbed consistent with the approved Type 2 Tree Conservation Plan; Scale, project and sheet title, and north arrow on each plan sheet; The limit of disturbance (LOD) including: Limit of grading (grading units, if applicable); and Initial, interim, and final phases; Storm drainage features, including: Existing and proposed bridges, storm drains, culverts, outfalls, etc.; Velocities and quantities of peak flow rates at outfalls for the two-year and ten-year frequency storm events; and Site conditions around points of all surface water discharge from the site; Erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation including: The salvage and reuse of top soil; Phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration, not to exceed 20 acres; Location and type of all proposed erosion and sediment control practices; Design details and data for all erosion and sediment control practices; and Specifications for temporary and permanent stabilization measures including, at a minimum: The "Standard Stabilization Note" on the plan stating: "Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within: Three (3) calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and Seven (7) calendar days as to all other disturbed or graded areas on the project site not under active grading." Details for areas requiring accelerated stabilization; and Maintenance requirements as defined in the Standards and Specifications; Design details for structural controls; Details of temporary and permanent stabilization measures including placement of the statement on the plan that following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within seven (7) calendar days for the surface of all perimeter dikes, swales, ditches, perimeter slopes and all slopes greater than 3 horizontal to 1 vertical (3:1), and for all embankments of ponds, basins and traps; and fourteen (14) days for all other disturbed or graded areas on the project site provided that the requirements of this Section do not apply to those areas which are shown on the plan and are currently being used for material storage or for those areas on which actual construction activities are currently being performed or to interior areas of a surface mine site where the stabilization material would contaminate the recoverable resource; A sequence of construction describing the relationship between the implementation and maintenance of controls, including permanent and temporary stabilization and the various stages or phases of earth disturbance and construction. Any changes or revisions to the sequence of construction must be approved by the Prince George's Soil Conservation District prior to proceeding with construction. The sequence of construction shall, at a minimum, include a schedule and time frame for the following: Request for a pre-construction meeting with the Department; Clearing and grubbing for those areas necessary for installation of perimeter controls; Construction and stabilization of perimeter controls within installed perimeter controls; Remaining clearing and grubbing; Road grading; Grading for the remainder of the site; Utility installation and connections to existing structures; Construction of buildings, roads, and other construction; Final grading, landscaping and stabilization; Construction of buildings, roads and other construction; Installation of stormwater management measures; Approval of the appropriate enforcement authority prior to removal of sediment controls; and Removal of controls and stabilization of areas that are disturbed by removal of sediment controls. A statement placed on the plan indicating that the owner/developer or representative shall request that the Department of Permitting, Inspections, and Enforcement or its agent approve work completed in accordance with the approved erosion and sediment control plan, the grading or building permit, and this Division, and that the owner/developer or representative shall obtain written inspection approvals by the Director or his designee at the following stages in the development of the site, or of each subdivision thereof: Prior to the start of earth disturbance; Upon completion of installation of tree protection devices, followed by the installation of perimeter erosion and sediment controls, prior to proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until initial approval by the Department is made; Upon completion of stripping, the stockpiling of top soil, the construction of temporary sediment and erosion control facilities, disposal of all waste material and preparation of the ground; Upon completion of rough grading, but prior to placing top soil, permanent drainage or other site development improvements and ground covers; Prior to the start of another phase of construction or opening of another grading unit; Prior to the removal of sediment control practices; and Upon completion of final grading, reforestation, permanent drainage, and erosion control facilities including established ground covers and planting, and all other work of the building permit; Certification by the owner/developer or permittee that any clearing, grading, construction or development, or all of these, will be done pursuant to the approved erosion and sediment control plan. The certification must also require that responsible personnel involved in the construction project will have a Certification of Training at a State of Maryland Department of the Environment approved training program (i.e. Green Card Certification) for the control of sediment and erosion before beginning the project. The Certification of Training for Responsible Personnel requirement may be waived by the Prince George's Soil Conservation District on any project involving four (4) or fewer residential units. Additionally, the owner/developer shall allow right of entry for periodic on-site evaluation by the Prince George's Soil Conservation District, the Department, and/or MDE; Certification by a professional engineer, land surveyor, landscape architect (only for plans with no hydraulic and hydrologic calculations), or forester (for forest harvest operations only) registered in the State that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards, if required by the Prince George's Soil Conservation District or the Administration; and In approving the plan, the Prince George's Soil Conservation District may require any additional information or data deemed appropriate and/or may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this Division, the State Sediment Control Regulations, COMAR 26.17.01, the Standards and Specifications, or the preservation of public health and safety. Review and Approval of Erosion and Sediment Control Plans. A person may not grade land without an erosion and sediment control plan approved by the Prince George's Soil Conservation District if the site is not exempt from these requirements. The Prince George's Soil Conservation District shall review erosion and sediment control plans to determine compliance with this Ordinance and the Standards and Specifications prior to approval. In approving the plan, the Prince George's Soil Conservation District may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this Ordinance, COMAR 26.17.01, the Standards and Specifications, and the preservation of public health and safety. The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications, Prince George's County Stormwater Ordinance, and the Act. At a minimum, a concept plan must include the mapping of natural resources and sensitive areas including highly erodible soils and slopes greater than 15 percent as well as information required under Prince George's County Stormwater Ordinance. These areas are to remain undisturbed or an explanation must be included with either the concept or site development plan describing enhanced protection strategies for these areas during construction. Approved concept sediment control plans remain valid for three (3) years from the date of approval unless extended or renewed by the Prince George's Soil Conservation District. A site development plan submittal must include all concept plan information and indicate how proposed erosion and sediment control practices will be integrated with proposed stormwater management practices. The latter is being done through a narrative and an overlay plan showing both ESD and erosion and sediment control practices. An initial sequence of construction and proposed project phasing to achieve the grading unit restriction should be submitted at this time. Approved site development sediment control plans remain valid for three (3) years from the date of approval unless extended or renewed by the Prince George's Soil Conservation District. An applicant shall submit a final erosion and sediment control plan to the Prince George's Soil Conservation District for review and approval. The plan must include all of the information required by the concept and site development plans as well as any information in this Section. A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Prince George's Soil Conservation District on the plan. Final erosion and sediment control plans remain valid for two (2) years from the date of approval unless extended or renewed by the Prince George's Soil Conservation District. Grandfathering of Approved Plans: Any plans that receive final approval after January 9, 2013 must be in compliance with the erosion and sediment control requirements of this Ordinance and the Standards and Specifications. A plan that receives final approval by January 9, 2013 may be reapproved under its existing conditions if grading activities have begun on the site by January 9, 2015, with the exception of stabilization requirements. Stabilization practices on all sites must be in compliance with the erosion and sediment control requirements of this Ordinance and the Standards and Specifications by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved. The erosion and sediment control plan must be designed in concert with a site's stormwater management plan as required by the Stormwater Management Act of 2007 (Act). The Act requires an integrated review of erosion and sediment control plans and stormwater management plans via a comprehensive plan review process to ensure that environmental site design (ESD) is implemented to the maximum extent practicable (MEP) on all sites. Standard Erosion and Sediment Control Plan. The Prince George's Soil Conservation District may adopt a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction. A standard erosion and sediment control plan must meet the requirements of this Ordinance and the Standards and Specifications. MDE shall review and approve a standard plan prior to its adoption.

The entire area, or each subdivision thereof, included within the limits of proposed cut and fill shall be stripped with particular emphasis on the removal of all root mat, trash, organic matter, and otherwise objectionable, noncomplying and unsuitable materials and soils. All previously placed uncontrolled fill shall be removed from areas to receive class 1 fill for a building or structure that is to be erected. No building or structure shall be erected on class III fill material. Prior to placing class 1 fill, the ground surface, if within five (5) feet of finished grade, or foundation base elevation, shall be compacted so that the top six (6) inches achieves a density of not less than ninety percent (90%) of maximum density as defined in Section 32-158. No class 1 or 2 load-bearing fill shall be placed on frozen ground. Class 3 fill may be placed on frozen ground. Natural and/or existing slopes steeper than five (5) horizontal to one (1) vertical shall be benched or continuously stepped into competent materials prior to placing fill of any class. Fills toeing out on natural slopes steeper than four (4) horizontal to one (1) vertical shall not be made unless approved by the Director after receipt of a report by a soil engineer certifying that he has investigated the property, made soil tests, and that, in his opinion, such steeper slopes will safely support the proposed fill. All specimen trees within or adjacent to areas of proposed disturbance shall be protected in accordance with the approved Type 2 Tree Conservation Plan. Where Type 2 Tree Conservation Plan is not required, all specimen trees within or adjacent to areas of disturbance shall be protected by appropriate tree protection devices placed outside the drip line of the tree.

All objectionable, noncomplying and unsuitable materials and soils, and surplus complying earth encountered on the site or as developed during the construction operation, shall be classed as waste, and shall be immediately removed and disposed of by hauling to a County authorized refuse disposal area or sanitary landfill, or as follows: Combustibles, such as litter, trash, root mat, brush, trees, stumps by stockpiling, and subsequent burning on site, as regulated by other codes, or if considered salvageable as lumber, firewood, etc., by removal and hauling away. These materials shall not be dumped, piled or buried on the site or at any location other than a County authorized refuse disposal area and/or landfills. Brick, broken concrete and asphalt, by inclusion as part of fill material pursuant to Section 32-157. Top soil - by direct placement or interim stockpiling and subsequent placement in the uppermost layer immediately below finished grade in areas proposed for landscaping on the site or by placement in intermittent layers in class 3 fills on the site. Surplus complying earth and topsoil, by hauling away, or placement at only those sites elsewhere for which a permit has been issued. Dumping on other sites, not under permit is not permitted. The general contractor or party responsible for construction shall provide a sufficient number of covered containers at the construction site to contain litter and trash for timely disposal at a County authorized refuse disposal facility. For the purpose of this Section, litter and trash shall mean litter as defined by Section 13-261 of this Code, but shall not include any building or construction wastes.

The grading plans and specifications shall specify and delineate the use and extent of fills in accordance with the following classifications: Class 1 fill — Load-bearing fills proposed for support of buildings, walls, and other structures, the function thereof which would be especially impaired by settlement. Class 2 fill — Load-bearing fills proposed for support of roadways, pavements, rigid utility lines, house connections, and structures which would not be especially impaired by moderate settlement. Class 3 fill — Common fills proposed for lawns, landscape plantings, or for other nonload-bearing usage.

All Class 1 and 2 fills shall consist of readily compactable soils meeting the following minimum requirements: No inclusions of ice or snow, organic or other deleterious materials subject to decay and high shrink-swell soils shall be permitted. No rock or similar irreducible material with a maximum dimension greater than eighteen (18) inches shall be buried or placed in any portion of the fill, with the top two and one-half (2½) feet below finished grade, foundations and utility service connections having nothing larger than eight (8) inches in any dimension, unless permitted by the Director after receipt of a report by a soil engineer certifying that he has investigated the property and the fill materials, and that a fill including oversized materials may be constructed to meet the intent of this Division. Class 3 fills may include the more difficult to compact soils, at other than optimum moisture content; rock and similar irreducible materials without limit as to size provided no detectable voids are formed, into which overlying soils may later be displaced; and top soil, intermittently layered with nonorganic soil. In other than rock gardens, at least twelve (12) inches of top soil must cover all rock or irreducible materials with a maximum dimension greater than eight (8) inches. The material must be free of contamination levels of any pollutant which is, or may be considered to represent, a possible health hazard to the public or may be detrimental to surface or ground water quality, or may cause damage to property or the drainage system.

Each layer of Class 1 and Class 2 fills shall be compacted at optimum moisture content (plus or minus two (2) percentage points), and to a minimum of ninety-five percent (95%) and ninety percent (90%), respectively, of maximum density as determined in the laboratory by the Standard Proctor Test (AASHTO T-99, ASTM D-698). Each layer of Class 3 fills shall be compacted sufficiently to support customarily used tracked spreading equipment and upon completion to be stable and after planting to prevent erosion. Other methods of compaction that the Director deems appropriate and result in an equal or better quality of compaction for Class 1 and 2 fills may be accepted. Lower degrees of compaction may be permitted by the Director after receipt of a report by a soil engineer certifying that the soil engineer has investigated the subsoils of the site, has tested representative fill materials and that, in the opinion of the soil engineer, such lower degree of compaction will be adequate for the intended use of the fill. In-place (field) density shall be determined in accordance with the ASTM test method D-1556-82E, D-2922-91 or AASHTO T-191-86, T-238-86. All fills shall be placed in approximately horizontal layers, each layer having a loose thickness of not more than eight (8) inches for Class 1, twelve (12) inches for Class 2 and two (2) feet for Class 3 fills. If approved by the Director, thicker lifts may be permitted only upon submittal of adequate density test documentation of limited test fills.

The top eight (8) inches of soil in cut, or the required Class 2 fill sections to be used as subgrade for support of patios, building floor slabs, driveways, parking pads and lots, sidewalks and other structures which would not be especially impaired by moderate settlement shall be compacted, or recompacted, to at least ninety percent (90%) of maximum density as determined by the Standard Proctor test.

Within the limitations specified in Section 32-151 and elsewhere, slopes of site grading, drainage and other improvements and facilities shall be determined by the preparer of the plan to suit the specific site and in accordance with accepted engineering practice. No fill or cut shall be made which creates an exposed surface steeper in slope than two (2) horizontal to one (1) vertical unless specifically waived by the Director after receipt of a report by a soil engineer certifying that the engineer has investigated the property, and that, in the engineer's opinion, such steeper slope will be structurally stable and that the ground cover to be used is of a low maintenance type and will effectively control erosion. The Director may require that slopes be constructed with exposed surface flatter than those shown in Section 32-151, or may require such other measures as the Director deems necessary for stability and safety. Sides of temporary excavations made for foundations, buildings, and utility installations shall be protected, shored, or sloped as required by regulations of the Maryland State Department of Labor and Industry.

Cut and fill slopes steeper than four (4) horizontal and one (1) vertical shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with Figures 1 and 2 herein. Fill placed above the top of an existing or proposed surface with a slope steeper than three (3) horizontal to one (1) vertical shall be set back from the top of the slope a minimum distance of six (6) feet. The setbacks established by this Section are minimum and may be increased by the Director, if the Director deems it necessary for safety or stability, or to prevent possible damage from water, soil or debris. The Director may reduce the required setback from property lines where: The Director determines the necessity for the setback to be eliminated or reduced by the construction of retaining walls or because the owner/permittee has the right to extend slopes onto the adjacent property; or After receipt of a report by a soil engineer certifying that the soil engineer has investigated the property and that in the engineer's opinion the reduction in the set back will not endanger any public or private property or result in the deposition of sediment or debris on any public way. MINIMUM SETBACK REQUIREMENTSfor Slopes Steeper than 4:1 H in Feet Toe if Fill from property line a Top of cut from property line d Building from toe or top of slope b 0 - 10 4' 2' 10' 10 - 30 8' 4' 15' over 30 12' 6' 20'

SLOPE SETBACK FROM PROPERTY LINE - Figure 1 BUILDING SETBACK - Figure 2

The following provisions apply to the safe conveyance and disposal of drainage to prevent erosion and property damage. Drainage facilities, including but not limited to sump pumps, foundation drains, trench drains and under drains, shall be provided and shall be discharged into a publicly maintained drainage system or continuously flowing natural water course to safely convey surface and ground water in such a manner to prevent detrimental erosion, overflow, ponding or nuisance of any kind in accordance with applicable design criteria, standards and procedures as contained herein and as required by approved standards and regulations of the Prince George's County Department of Permitting, Inspections, and Enforcement. Unless intended by design for water quality and quantity purposes, the ponding of water shall not be permitted particularly above cut or fill slopes or on drainage terraces, nor shall new development cause water to be impounded on adjacent property. Adequate drainage facilities shall be provided to prevent such ponding. Existing ponding (ponding not created by development) may remain in undisturbed, undeveloped, forested areas, unless it has objectionable effects. Cut and fill slopes shall be terraced wherever the vertical interval (height) of any 2:1 slope exceeds twenty (20) feet; for 3:1 slope it shall be increased to thirty (30) feet; and for 4:1 to forty (40) feet. Benches shall be located to divide the slope face as equally as possible and shall convey the water to a stable outlet. Drainage terraces shall be a minimum of six (6) feet wide with an absolute minimum invert gradient of between two percent (2%) and a maximum invert gradient of three percent (3%), unless accompanied by appropriate design and calculations, and with a ten to one (10:1) lateral slope toward the toe of the upper bank, and must convey water with minimum six (6) inch freeboard to a safe disposal area. The permittee and the owner shall make adequate provisions to prevent any surface waters from materially damaging the face of any and all earth surfaces, excavation or fill. All such earth surfaces shall be temporarily and/or permanently protected from surface water runoff from above by interceptor and diversion berms, swales brow or berm ditches, and shall be sodded, seeded and/or planted unless, upon the recommendation of the Prince George's Soil Conservation District, the Director determines such treatment is unnecessary and specifically waives this requirement pursuant to Section 32-132. All areas designed for buildings pads shall be graded to slope away from the building in conformance with the limitations in Section 32-151. All drainage terraces, interceptor and diversion berms, swales and ditches shall be designed and constructed in accordance with standards contained elsewhere herein and when required, shall be piped or paved or otherwise improved. In order for drainage to discharge into natural watercourses such natural ground shall be protected from erosion by an adequate amount of riprap or by other measures. Flows exceeding three (3) cubic feet per second will not be permitted in open facilities such as swales and ditches, but shall be conveyed in enclosed storm drain systems. Concentrated flow in driveways, parking lots and access lanes shall not exceed one-half (1/2) the width of paving, or ten (10) feet, whichever is less. Overflows from one hundred (100) year storm shall be traced through the site and intervening area to their locations of discharge into a natural stream and, at critical locations, their hydraulic gradient determined to ascertain that the proposed construction does not flood or damage existing and proposed buildings or structures along the trace, as required by Division 4 of this Subtitle. Springs and surface seeps and other ground waters having objectionable effects shall be capped with stone and/or sand with interlaced tile drains or perforated pipes connecting into a piped outfall to a public storm drainage system or continuously flowing natural watercourse. Unless otherwise permitted by Federal, State or local regulations, or the provisions of this Division, the discharge of pollutants onto land, to a drainage system, or to a watercourse within the County is prohibited. All drainage system rights-of-way and easements shall be used by the County for the purposes of the administration of this Division to conduct activities related to enforcement, compliance, investigation and surveillance. Downspout discharge may discharge to a properly graded area provided the point of discharge at the Building Restriction Line (BRL) or ten (10) feet from any property line and conveyed by splash block oriented parallel to said line. If the downspouts are connected into an underground drainage system, a cleanout valve and air gap for blockage overflow is required.

Site development shall be completed in accordance with the approved plans prior to the Director of the Department of Permitting, Inspections, and Enforcement granting occupancy of any building or structure on the site. The site work shall be completed prior to, or at the same time as, the completion of the buildings or structures. Adequate and acceptable completion of recreational facilities, landscaping, parking, parking lighting, retaining walls, and other site work shall be in compliance with the approved site plans and other conditions. The requirements of the approved Type 2 Tree Conservation Plan shall be completed prior to the issuance of the use and occupancy permit.

The design, testing, installation and maintenance of grading, drainage and erosion control operations and facilities shall meet the minimum requirements set forth in the Standards listed herein. Soils. ASTM Standards, Volume 0408 Titled Natural Building Stones, Soil and Rock, by the American Society for Testing and Materials, Philadelphia. ASTM Designation D-1556-82E, Density of Soil in Place by the Sand-Cone Method. ASTM Designation D-698-82E, Moisture-Density relations of Soils and Soil Aggregate Mixtures Using 5.5 -lb. (2.50 kg) Rammer and 12 in. (457 MM) Drop. Maryland Department of the Environment, Maryland Standards and Specifications for Soil Erosion and Sediment Control (as amended). Drainage. Subtitle 23 titled "Roads and Sidewalks," the Prince George's County Code; Prince George's County, Maryland, Stormwater Management Design Manual (as amended). Erosion Control. Soil Survey of Prince George's County, Maryland issued December 2009 Maryland Standards and Specifications for Soil Erosion and Sediment Control. Maryland Department of the Environment, Current Maryland Standards and Specifications for Soil and Erosion Control. Subtitle 25 titled "Trees and Vegetation," the Prince George's County Code, adopting by reference the "Prince George's County Woodland Conservation and Tree Preservation Policy Document."

The application for a permit shall be accompanied by other plans required as determined by the nature and type of work proposed. These plans shall reflect the various types of work or conditions on the site which may include, but are not limited to, the following types: landscaping, storm drain, stormwater management, tree preservation, conservation, mitigation and sediment and erosion control. These plans shall be subject to applicable review and approval criteria.

No grading permit may be issued for the construction of any structure within two thousand five hundred (2,500) feet of a drinking water reservoir except as provided by this Section. A grading permit for the construction of a one or two-family dwelling and associated structures may be issued in accordance with this Division. A grading permit for any other structure may be issued in accordance with this Division provided that all structures are served by public water and sewage systems.

The provisions of this Division shall constitute and be known as the "Stormwater Management Ordinance of Prince George's County, Maryland." The purpose of this Division is to protect, maintain and enhance the public health, safety and general welfare by establishing minimum requirements and procedures that control the adverse impacts with increased stormwater runoff. The goal is to manage stormwater by using environmental site design (ESD) to the maximum extent practicable (MEP); to maintain after development, as nearly as possible, the predevelopment runoff characteristics; and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding; and to use appropriate structural best management practices (BMPs) only when absolutely necessary. This will help to restore, as close as possible to predevelopment conditions, enhance, and maintain the chemical, physical, and biological integrity of streams; minimize damage to public and private property; and reduce the impacts of land development. This Division also ensures compliance with various provisions of the Federal Clean Water Act related to the National Pollutant Discharge Elimination System (NPDES) Permit for municipal stormwater programs and with the County's current NPDES Municipal Stormwater System Permit. This Division also is consistent with the County's various obligations and commitments to the protection and restoration of the Chesapeake Bay, Potomac River, Anacostia River and Patuxent River. Proper management of stormwater runoff will minimize damage to public and private property; reduce the effects of development on land and stream channel erosion; assist in the attainment and maintenance of water quality standards; reduce local flooding; and maintain, as nearly as possible, the predevelopment runoff characteristics of the area. The provisions of this Division are adopted pursuant to Environmental Article, Title 4, Subtitle 2 of the Maryland Annotated Code 2009 replacement volume, and are adopted under the authority of the Prince George's County Code and shall apply to all development occurring within Prince George's County including within municipalities, except for those exemptions listed under this Division. The exceptions shall be land owned by the Federal or State governments, the City of Bowie or agricultural land management practices. The application of this Division and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. The County Executive shall be responsible for the coordination and enforcement of the provisions of this Division. This Ordinance applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010. The County may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to (1) of this Section and may be extended according to (2) of this Section. Expiration of Administrative Waivers. Except as provided in (2) of this Section, an administrative waiver shall expire on: May 4, 2013, if the development does not receive final project approval prior to that date; or May 4, 2017, if the development receives final project approval prior to May 4, 2013; An administrative waiver shall expire if there is a substantial change to the proposed development after the preliminary project approval, as determined by the approving agency. A substantial change means: An increase in impervious surface by greater than 25%; and A change in proposed drainage basin or watershed. Construction of stormwater management system facilities, in a final approved stormwater management plan under Section 32-182(c), authorized pursuant to an administrative waiver must be completed by May 4, 2017 or, if the waiver is extended as provided in (2) of this Section, by the expiration date of the waiver extension. Extension of Administrative Waivers. Except as provided in subsection (d)(2)(B), an administrative waiver shall not be extended. An administrative waiver may only be extended, if, by May 4, 2010 the development: Has received a preliminary project approval; and Was subject to a Development Rights and Responsibilities Agreement, a Tax Increment Financing approval, or an Annexation Agreement. Administrative waivers extended under subsection (d)(2)(B) shall expire when the Development Rights and Responsibilities Agreement, the Tax Increment Financing approval, or the Annexation Agreement expires. The provisions of this Division relating to the development of land within the Chesapeake Bay Critical Area are adopted pursuant to the Annotated Code of Maryland, Natural Resources Article, and Section 8-1801 et seq., and shall apply to all development within the Chesapeake Bay Critical Area Overlay Zone. The provisions of this Division may not be construed to affect the requirements for a project located in an Intense Developed Area of the Chesapeake and Atlantic Coastal Bays Critical Area to comply with the 10 percent Pollution Reduction Requirement under COMAR 27.01.02.03D(3). The following referenced documents are necessary to provide appropriate technical guidance for the planning, design, construction, inspection and enforcement of the provisions of this Division. These documents are revised periodically and it is incumbent upon property owners, planners, designers and applicants to use the most current approved versions available. For purposes of this Division, the following documents are hereby adopted and incorporated by reference: The 2000 Maryland Stormwater Management Design Manual, Volumes I and II Maryland Department of the Environment (April 2000), as amended; and The current edition of the 2014 Prince George's County Stormwater Management Design Manual or any subsequent revisions; and The USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000), as amended. Adopted Comprehensive Watershed Management Plans: CR-61-1986 - Piscataway Creek CR-62-1986 - Henson Creek

For purposes of this Division, the following terms, phrases and words, and their derivations shall have the meaning given herein: Administration. The Maryland Department of the Environment (MDE) Water Management Administration (WMA). Administrative Waiver. A decision by the Director pursuant to this regulation to allow the construction of a development to be governed by the stormwater management ordinance in effect as of May 4, 2009, in the County where the project will be located. Adverse Impact. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life, property, and including outdoor recreation. Agricultural Land Management Practices. Those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources. Alternative Practice. An environmental site design practice or technique or structural stormwater management measure that is not found in the Maryland Design Manual and is proposed during concept plan approval. Alternative practices shall be designed to meet the criteria in the Maryland Design Manual, meet the minimum requirements specified in Section 32-178 of this Division and be approved by the Administration. Applicant. Any person, agent, firm or governmental agency that executes the necessary forms to procure official approval of a project, or a permit to carry out the construction of a project. Approval. "Approval" means a documented action by the Department following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a state in the Department's development review process. "Approval" does not mean an acknowledgment by the Department that submitted material has been received for review. Aquifer. Porous water bearing geological formation generally restricted to materials capable of yielding an appreciable supply of water. Best Management Practice (BMP). A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. Bioretention. A structural soil/plant device, source control, terrestrial base, filter/infiltrating device for managing stormwater runoff. Channel Protection Storage Volume (Cpv). The volume used to design structural management practices to control stream channel erosion. Methods for calculating the channel protection storage volume are specified in the Maryland Design Manual and the Prince George's County Design Manual. Chesapeake Bay Critical Area. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands' maps; and all State and private wetlands designated under the Annotated Code of Maryland, Natural Resources Article, Title 9; and all land and water areas within one thousand (1,000) feet beyond the landward boundaries of State or private wetlands and heads of tide designated under the Annotated Code of Maryland, Natural Resources Article Title 9, as indicated on approved Chesapeake Bay Critical Area Overlay Zoning Map Amendments. Clearing. The removal of trees and brush from land, but which does not include the ordinary mowing of grass. Concept Plan. The first of three required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project. Conservation Agreement. A formal agreement that commits a grading or building permit applicant to the execution of various approved elements of a Conservation Plan, including a stormwater concept management plan, an approved sediment and erosion control plan, a vegetation management plan and other plans that may be required by the Department or the Prince George's County Planning Board. Conservation Landscaping. A native plant landscape or intentional naturalization designed to provide climate resilient and ecosystem benefits including cooler surfaces, carbon sequestration, pollinator and wildlife support, reduced runoff and pollution, and healthy soils. Types of conservation landscapes and practices may include but not be limited to: Bayscapes, Stormwater Gardens, Urban Meadow, Landscape Restoration, Urban Soil Restoration, and Baywise Maintenance. All practices must incorporate low carbon methods. Soil restoration practices must include vertical composting into compacted soil, eroded soil, or urban fill to re-establish a healthy soil structure and biome. Conservation Plan. A plan developed in accordance with Subtitle 5B, which demonstrates how a project has been designed to meet the specific Critical Area Commission criteria. The Conservation Plan consists of an approved stormwater management concept plan, an approved sediment and erosion control plan, a vegetation management plan, and such other plans relating to environmental systems as may be required by the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Prince George's County Health Department, the Department or the Prince George's Soil Conservation District. County. Prince George's County, Maryland. County Engineer. Department engineering staff. Department. Department of Permitting, Inspections, and Enforcement. Detention Structure. A permanent structure for the temporary storage of runoff designed so as not to create a permanent pool of water. Develop Land. To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration. Development. Any man-made change to improved or unimproved real estate including, but not limited to, any construction, reconstruction, modification, extension or expansion of buildings or other structures, placement of fill or concrete, construction of new or replacement infrastructure, dumping, mining, dredging, grading, paving, drilling operations, storage of materials, land excavation, land clearing, land improvement, landfill operation, or any combination thereof. Direct Discharge. The concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the Chesapeake Bay Critical Area. Director. The Director of Permitting, Inspections, and Enforcement. Drainage Area. The area contributing runoff to a study point measured in a horizontal plane enclosed by a ridge line. Easement. A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, the use of which must be included in the conveyance of land affected by such easement. Environmental Site Design (ESD). Using small scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. (Methods for designing ESD practices are specified in the Maryland Design Manual and the Prince George's County Design Manual). Exemption. Those land development activities that are not subject to the stormwater management requirements contained in this Division. Extended Detention. A stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. (Methods for designing extended detention BMPs are specified in the Maryland Design Manual and the Prince George's County Design Manual). Extreme Flood Volume (Qf). The storage volume required to control infrequent, but large storm events in which overbank flow reaches or exceeds the boundaries of the 100-year floodplain. Filtration. The attenuation of stormwater runoff pollutants by plant and/or soil/sand complexes. Final project approval. Approval of the final stormwater management plan and erosion and sediment control plan required to construct a project's stormwater management facilities that includes securing bonding or financing for final development plans if either is required as a prerequisite for approval. Final Stormwater Management Plan. The last of the three required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the Department. Flow Attenuation. Prolonging the flow time of runoff to reduce the peak discharge. Grading. Any act by which soil is disturbed, cleared, stripped, grubbed, excavated, scarified, filled or any combination thereof. Impervious Area. An area that is covered with solid material or is compacted to the point where water cannot infiltrate underlying soils (e.g., parking lots, roads, houses, patios, swimming pools, compacted gravel areas, and so forth) and where natural hydrologic patterns are altered. Infiltration. The passage or movement of water into the soil surface. Maryland Design Manual. The latest edition of the 2000 Maryland Stormwater Design Manual, Volumes I and II, that serve as the State of Maryland's official guide for stormwater management principals, methods and practices. Major Watersheds. The forty-two (42) watersheds identified in the watershed management plan for the purposes of identifying the preferred stormwater management approach within that major watershed. Maximum Extent Practicable (MEP). Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and only where absolutely necessary, a structural BMP is implemented. Natural Resource Inventory (NRI). A plan map and supporting documentation that provides all required information regarding the existing physical and environmental conditions on site and is approved by the Planning Director of the Maryland-National Capital Park and Planning Commission, or the Director's designee. Off-Site Stormwater Management. The design and construction of a regional facility necessary to control stormwater from more than one development which is to be located outside the proposed area of development. One Hundred (100) Year Floodplain. That area which would be inundated by a flood that has a one percent (1%) chance of being equaled or exceeded in any given year. On-Site Stormwater Management. The design and construction of systems necessary to control stormwater within the proposed area of development. Overbank Flood Protection Volume (Qp). The volume controlled by structural practices to prevent an increase in the frequency of out-of-bank flooding generated by development. (Methods for calculating the overbank flood protection volume are specified in the Maryland Design Manual and the Prince George's County Design Manual). Permittee. The individual or corporation officer that signs the stormwater management permit and is legally responsible for all activities pertaining to the permit. Person. The federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. Planning Techniques. A combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan. Pollutant. Sediment runoff due to erosion. Pollution Trading. Program, process, policy to be implemented to reduce pollutants and to improve water quality and clean up the water body by addressing nutrients, sediments and other pollutants from a known source. This is intended to establish incentives for voluntary reductions of pollutants on an existing development with no known stormwater management in place. These pollution control devices are to be recorded through GIS watershed data base to be used for SWM banking. Pond. Any stormwater management device that meets the category definition of MD 378-USDA Natural Resources Conservation Service: Conservation Standard Pond. Preliminary Plan. The preliminary plan of subdivision submitted pursuant to the County's subdivision regulations. Preliminary Project Approval. Approval of an Applicant's stormwater management concept plan, which includes: Number of planned dwelling units or lots; Proposed project density; Proposed size and location of all land uses for the project; Plan that identifies: Proposed drainage patterns; Location of all points of discharge from the site; and The type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and Any other information required by the Department including, but not limited to: Proposed alignment, location, and construction type and standard for all roads, access ways and areas of vehicular traffic; Demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and Size, type, and general location of all proposed wastewater and water system infrastructure. Prince George's County Design Manual. The 2014 Prince George's County Stormwater Management Design Manual or any subsequent revisions that complements the Maryland Design Manual. Recharge Volume (Rev). That portion of the water quality volume used to maintain groundwater recharge rates at development sites. (Methods for calculating the recharge volume are specified in the Maryland Design Manual and the Prince George's County Design Manual). Redevelopment. Any construction, alteration or improvement performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential and existing site impervious area within the limit of disturbance exceeds 40 percent. Retention Structure. A permanent structure that provides for the storage of runoff and is designed to maintain a permanent pool of water. Retrofitting. The implementation of ESD practices, the construction of structural BMP, or the modification of an existing structural BMP in a previously developed area to improve water quality over current conditions. Sediment. Soils or other surficial materials transported or deposited by the action of wind, water, snow, ice or gravity as a product of erosion. Site. For new development, any tract, lot, or parcel of land or combination of tracts, lots, parcels of land that are in one ownership or are contiguous and in diverse ownership, where development is to be performed as a part of a unit, subdivision or project. Site Development Plan. The second of three required plan approvals that includes the information necessary to allow a detailed evaluation of a proposed project. Stabilization. The prevention of soil movement by any of various vegetative and/or structural means. Stormwater. Water that originates from a precipitation event. Stormwater Management (SWM). Using ESD for the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to prevent accelerated channel erosion, increased flood damage and/or degradation of water quality. Stormwater Management Design Plan. The set of drawings and other documents that comprise all of the information and specifications for the systems, structures, concepts, and techniques that will be used to control stormwater as required by the approved concept plan and the Maryland Design Manual and the Prince George's County Design Manual. Stormwater Management System. Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates or discharges from a site. Stormwater Variance. The modification of the minimum stormwater management requirements for specific circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this Division. Stream Restoration. Restoration and reconstruction of existing waterways to maintain the ecological features of the stream, to mitigate stream bed incision and stream wall erosion, to preserve the capacity and to enhance the water quality of the stream. Stream restoration shall address the following including, but not limited to, intervention and installation of measures to repair damages to the stream corridors, hydrology, hydraulics, sediment transport, geomorphology, aquatic ecology, fisheries and riparian ecology. Stripping. Any activity that removes the vegetation surface cover including tree removal, clearing, grubbing and storage or removal of topsoil. Subdivision. The division of a lot, tract or parcel of land into two or more lots, plots, sites, parcels or other divisions by plat or deed. Watercourse. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water. Water Quality Volume (WQv). The volume needed to capture and treat 90 percent of the average annual rainfall at a development site. (Methods for calculating the water quality volume are specified in the Maryland Design Manual and the Prince George's County Design Manual.) Watershed. The total drainage area contributing runoff to a single point.

The County Executive shall submit for approval by resolution of the County Council, a plan for the control of water quantity, the restoration and maintenance of water quality, and protection of aquatic living resources of each major watershed in the County. The County Executive also shall provide for the periodic updating of the plans, projects or studies. Such plans, projects and studies shall be known as the major watershed management plans. If a major watershed management plan is amended by the County Council, the County Executive shall be given an opportunity to provide comments on such amendments for the County Council's consideration before the major watershed management plan becomes final. Each watershed plan shall contain stormwater management policies and recommendations for the implementation of these policies and shall be approved by the Administration. Where the watershed is located within the Chesapeake Bay Critical Area Overlay Zone, the watershed plan shall comply with the requirements of Subtitle 5B. A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall: Include detailed hydrologic and hydraulic analyses to determine hydrograph timing; Evaluate both quantity and quality management and opportunities for ESD implementation; Include a cumulative impact assessment of current and proposed watershed development; Identify existing flooding and receiving stream channel conditions; Be conducted at a reasonable scale; Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented; Be consistent with the General Performance Standards for Stormwater Management in Maryland as found in the Maryland Design Manual and the Prince George's County Design Manual; and Be approved by the Administration.

No person shall develop or redevelop any land without having met the provisions of this Division by providing appropriate stormwater management measures that control or manage runoff, except as provided within Section 32-174 of this Division.

Except as provided in Subsection (b), the following development activities are exempt from the provisions of this Division and the requirements of providing stormwater management: Agricultural land management practices; Additions or modifications to existing detached one-family dwellings provided that they comply with item (3) of this Subsection; and the subject site does not exceed the maximum allowable lot coverage allowed in Subtitle 27 of this Code. Any developments that do not disturb more than five thousand (5,000) square feet of land area; Developments within the City of Bowie where the city has approved stormwater management design plans for a development either on or off the development site, which otherwise meet or exceed the provisions of this Division; Land development activities which the Administration determines will be regulated under specific state laws that provide for managing stormwater runoff. Where the property is located within a Chesapeake Bay Critical Area Overlay Zone, the development activities in Subsection (a), above, except for agricultural land management activities, shall comply with the stormwater management requirements of this Division and conform with the requirements of Subtitle 5B, and a Conservation Plan shall be required relating to the stormwater management activities. In all cases, the development activities located within the Chesapeake Bay Critical Area Overlay Zone, and are required to comply with stormwater management requirements, shall meet the requirements of this Division and conform to the requirements of Subtitle 5B.

Stormwater management plans are required by the Department for all redevelopment, unless otherwise specified by watershed management plans developed according to this Division. Stormwater management measures must be consistent with the Maryland Design Manual and the Prince George's County Design Manual). All redevelopment designs shall: Reduce impervious area within the limit of disturbance (LOD) by at least 50 percent according to the Maryland Design Manual and the Prince George's County Design Manual; Implement ESD to the MEP to provide water quality treatment for at least 50 percent of the existing impervious area within the LOD; or Use a combination of subsections (b)(1) and (2) for at least 50 percent of the existing site impervious area within the LOD; and Infiltrate into the ground 100 percent of the annual average predevelopment groundwater recharge volume if soil's infiltration is 1.02 inches per hour or greater. All redevelopment designs approved after May 4, 2016, shall: Reduce impervious area within the LOD by 75 percent in accordance with the Maryland Design Manual and the Prince George's County Design Manual; Implement ESD to the MEP to provide water quality treatment for 75 percent of the existing impervious area within the LOD; or Use a combination of subsections (c)(1) and (2) to meet 75 percent of existing site impervious area within the LOD; and Infiltrate into the ground 100 percent of the annual average predevelopment groundwater recharge volume if soil's infiltration is 1.02 inches per hour or greater. All redevelopment designs approved after May 4, 2019, shall: Reduce impervious area within the LOD by 100 percent in accordance with the Maryland Design Manual and the Prince George's County Design Manual; Implement ESD to the MEP to provide water quality treatment for 100 percent of the existing impervious area within the LOD; or Use a combination of subsection (d)(1) and (2) to meet 100 percent of existing site impervious area within the LOD. The Director may consider a variance under Section 32-176 of this Division. To offset the cost and design impacts of achieving the requirements of subsection (b) and (c) of this section, redevelopment designs that exceed the County requirements by twenty-five (25) percent and that are approved after May 4, 2011, are eligible to receive, subject to Subtitle 27 of the County Code: Increased density through the public benefit credits, density increment factors or additional floor area ratios (FAR); Reduction in the number of spaces and design of on-site and off-site parking to accommodate ESD techniques up to a maximum reduction of fifteen (15) percent of the required parking under Subtitle 27 of this Code, subject to the approval of a minor departure; Priority consideration during the County's development review and permitting processes; Eligibility for residential revitalization tax credit under Subtitle 10 and Subdivision 5B of the County Code without Council approval; MEP shall be determined by the Director. All redevelopment projects shall reduce existing site stormwater runoff volume by implementing distributed ESD to the MEP. Where conditions prevent the implementation of ESD techniques to reduce runoff, the Maryland Design Manual and the Prince George's County Design Manual criteria shall be implemented. Alternative stormwater management measures may be used to meet the requirements in subsections (a), (b), (c) and (l) if the owner/applicant satisfactorily demonstrates to the Department that impervious area reduction has been maximized and ESD has been implemented on-site to the MEP. Off-site ESD in the impacted watershed shall be the preferred alternative stormwater measure. Alternative stormwater management measures include, but are not limited to: An on-site structural BMP; An off-site structural BMP to provide water quality treatment for an area equal to or greater than 50 percent of the existing impervious area; or A combination of impervious area reduction, ESD implementation, and on-site or off-site structural BMP for an area equal to or greater than 50 percent of the existing site impervious area within the LOD; Participation in a stream restoration project; Pollution trading with another entity; Design criteria based on watershed management plans developed according to this Division; Fees paid that are dedicated exclusively to provide stormwater management; and Other appropriate practices. The Department shall develop policies for providing stormwater management for redevelopment projects if the requirements of subsections (a), (b), (c) and (l) are not met after all opportunities for using onsite and offsite ESD have been exhausted during the planning process. After being reviewed and approved by the Administration, these proposed policies will be provided to the County Council for its approval. The Department may consider factors, including, but not be limited to: Whether the project is in an area targeted for development incentives such as a Priority Funding Area, a designated Transit Oriented Development area, or a designated Base Realignment and Closure Revitalization and Incentive Zone; Whether the project is necessary to accommodate growth consistent with comprehensive plans; or Whether bonding and financing have already been secured based on an approved development plan. In considering these factors in (1), (2) and (3) above in this subsection (j), the Department shall also consider the existing water quality, erosion, flooding and expected needs for County investment in stream restoration, erosion control and flood control in the areas affected by redevelopment. Stormwater management shall be addressed for the portion of the site within the limit of disturbance according to the new development requirements in the Maryland Design Manual and the Prince George's County Design Manual for any net increase in impervious area. If the Department determines that existing flooding and/or erosion exist downstream of the proposed development, the Department: should require the applicant to manage the channel protection volume using ESD to the MEP; and has authority to require the applicant to attenuate the 2-year and 10-year storm runoff for downstream erosion for residual volume not addressed by ESD; and has authority to require the applicant to attenuate the 100-year frequency storm event for downstream flooding in accordance with the Maryland Design Manual and the Prince George's County Design Manual.

The Department may grant a written variance from any requirement of this Division if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of the Division. A written request for a variance shall be provided to the Director stating the specific variance sought and appropriate justification. The Department shall not grant a variance unless and until sufficient justification is provided by the permittee developing land that the implementation of ESD to MEP has been investigated thoroughly and the Department has provided notice to the Council. The justification shall include an explanation of why the requirement of the Division cannot be met and the reasons why the alternative practices cannot be provided.

A concept plan shall be submitted for approval to the Department. All preliminary plans of subdivisions shall be consistent with any County approved concept plan. The applicant shall submit a stormwater management design plan to the Department. If any plan involves any stormwater management facilities or land to be dedicated to public use, the same information also shall be submitted for review and approval to the agency having jurisdiction over the land or other appropriate agencies identified by the Director for review and approval. This plan shall serve as the basis for all subsequent construction.

The minimum control requirements established in this Section and the Maryland Design Manual and the Prince George's County Design Manual are as follows: Planning techniques, nonstructural practices, and design methods specified in the Maryland Design Manual and the Prince George's County Design Manual shall be used to implement ESD to the MEP. The use of ESD planning techniques and treatment practices must be exhausted before any structural BMP is implemented. Stormwater management design plans for development projects subject to this Division shall be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Maryland Design Manual and the Prince George's County Design Manual. The MEP standard is met when channel stability is maintained, 100% predevelopment groundwater recharge is replicated, non-point source pollution is minimized, and structural stormwater management practices are used only if determined to be absolutely necessary. Attenuation of the 2-year, 10-year frequency storm event for downstream erosion exist and/or attenuation of the 100-year frequency storm event for downstream flooding exist are required according to the Maryland Design Manual and the Prince George's County Design Manual and all subsequent revisions when the Department determines that additional stormwater management is necessary because the receiving channel and/or conveyance system are determined inadequate. The Department has the authority to require more than the minimum control requirements specified in this Division if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project. Alternative minimum control requirements may be submitted for approval to the Administration. A demonstration that alternative requirements will implement ESD to the MEP and control flood damages, accelerated stream erosion, water quality, and sedimentation will be required by the Department. Comprehensive watershed studies also may be required. In addition, where the development activity is located within a Chesapeake Bay Critical Area Overlay Zone, the minimum stormwater control requirements shall include all the requirements of Subtitle 5B. Concept and design plans shall be consistent with adopted and approved watershed management plans and flood management plans as approved by the State Water Resources Administration in accordance with the Flood Hazard Management Act of 1976 (Title 8, Subtitle 9A of the Natural Resources Article), where applicable. Best management practices information for new developments and redevelopments shown on the approved final stormwater management plans, where applicable, shall be submitted by the Department for submission to the Administration under the requirements of the NPDES Program. The owner and/or applicant shall provide this information to the Department.

The ESD planning techniques, practices and structural stormwater management measures in this Division and the Maryland Design Manual and the Prince George's County Design Manual shall be used either alone or in combination in a stormwater management design plan. An applicant shall demonstrate that ESD has been implemented to the MEP before the use of a structural BMP is considered in developing the stormwater management design plan. ESD Planning Techniques and Practices. The following planning techniques shall be applied to MEP according to the Maryland Design Manual and the Prince George's County Design Manual to satisfy the applicable minimum control requirements established in 32-178 of this Division: Preserving and protecting natural resources; Conserving natural drainage patterns; Minimizing impervious area; Reducing runoff volume; Using ESD practices to maintain 100 percent of the annual average predevelopment groundwater recharge volume; Using green roofs, permeable pavement, reinforced turf, and other alternative surfaces; Limiting soil disturbance, mass grading, and compaction; Clustering development; and Any practices approved by the Administration. The following ESD treatment practices shall be designed to MEP according to the Maryland Design Manual and the Prince George's County Design Manual to satisfy the applicable minimum control requirements established in 32-178 of this Division: Disconnection of rooftop runoff; Disconnection of non-rooftop runoff; Sheet flow to conservation areas; Rainwater harvesting; Submerged gravel wetlands; Landscape infiltration; Infiltration berms; Dry wells; Micro-bioretention; Rain gardens; Swales; Enhanced filters; and Any practice approved by the Administration. The use of ESD planning techniques and treatment practices specified in this Section shall not conflict with existing state law or local ordinances, regulations, or policies. The County shall modify planning and zoning ordinances and public works codes to eliminate any impediments to implementing ESD to the MEP according to the Maryland Design Manual and the Prince George's County Design Manual. Structural Stormwater Management Measures. The following structural stormwater management practices shall be designed according to the Maryland Design Manual and the Prince George's County Design Manual to satisfy the applicable minimum control requirements established in 32-178 of this Division: Stormwater management ponds; Stormwater management wetlands; Stormwater management infiltration; Stormwater management filtering systems; and Stormwater management open channel systems. The performance criteria specified in the Maryland Design Manual and the Prince George's County Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices. Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the County. ESD planning techniques, treatment practices and structural stormwater management measures used to satisfy the minimum requirements in 32-178 of this Division must be recorded in the land records of the County through the execution of a maintenance agreement by the permittee and remain unaltered by subsequent property owners. Prior approval from the Department shall be obtained before any stormwater management practice is altered. Alternative ESD planning techniques, treatment practices and structural stormwater measures may be used for new development runoff control if they meet the performance criteria established in the Maryland Design Manual and the Prince George's County Design Manual and all subsequent revisions and are approved by the Administration. Practices used for redevelopment projects shall be approved by the Department. For the purposes of modifying the minimum control requirements or design criteria, the owner/applicant shall submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted stream flow.

The basic design criteria, methodologies, and construction specifications, subject to the approval of the Department and the Administration, shall be in accordance with the Maryland Design Manual and the Prince George's County Design Manual.

The design of stormwater management design plans shall be prepared by any individual whose qualifications are acceptable to the Department. The Department may require that the design be prepared by either a professional engineer, professional land surveyor, or landscape architect licensed in the State of Maryland, as necessary to protect the public or the environment. If a stormwater BMP requires either a dam safety permit from the Administration or a small pond approval from the Prince George's Soil Conservation District, the Department shall require that the design be prepared by a professional engineer licensed in the State of Maryland.

Concept Plan. The owner/applicant shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to 32-179 of this Division and the Maryland Design Manual and the Prince George's County Design Manual. Plans submitted for concept approval shall include, but are not limited to: A vicinity map; An approved Natural Resources Inventory plan; A brief narrative description of the project; Geotechnical investigations including soil maps, borings, site-specific recommendations and any additional information necessary for the proposed stormwater management design; Existing and proposed topography and proposed drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities; Descriptions of all watercourses, impoundments and wetlands on or adjacent to the site or into which stormwater directly flows; The location of existing and proposed structures and utilities; Any easements and rights-of-way; The delineation, if applicable, of the 100-year floodplain and all regulated environmental features as shown on the approved NRI; Any proposed improvements including location of buildings or other structures, impervious surfaces, storm drainage facilities, all grading, and other site improvements; Hydrologic computations, including drainage area maps depicting predevelopment and post-development runoff flow path segmentation and land use; Hydraulic computations; The location of the proposed limit of disturbance, erodible soils, steep slopes, and areas to be protected during construction; Preliminary estimates of stormwater management requirements, the selection and location of ESD practices to be used, and the location of all points of discharge from the site; A narrative that supports the concept design and describes how ESD will be implemented to the MEP; and Any other information required by the Department. Site Development Plan. Following concept plan approval by the Department, the owner/applicant shall submit technical plans that reflect the comments received from the previous concept plan review phase. Plans submitted shall be of sufficient detail to allow site development to be reviewed and shall include but not be limited to: All information provided during the concept plan review phase; Final site layout, exact impervious area locations and acreages, proposed grading, delineated drainage areas at all points of discharge from the site, and stormwater volume computations for ESD practices and quantity control structures; A proposed erosion and sediment control plan that contains the construction sequence, any phasing necessary to limit earth disturbances and impacts to natural resources, and an overlay plan showing the types and locations of ESD and erosion and sediment control practices to be used. A narrative that supports the site development design, describes how ESD will be used to meet the minimum control requirements, and justifies any proposed structural stormwater management measure; and Any other information required by the Department. Final Stormwater Management Plan. Following the site development plan review by the Department, the owner/applicant shall submit a final stormwater management plan for permit issuance. Plans submitted for permit issuance shall be of sufficient detail to allow all approvals and permits to be issued according to the following: Final erosion and sediment control plans shall be submitted according to COMAR 26.17.01.05; and The final stormwater management plans shall be submitted for approval in the form of construction drawings and be accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design. Reports submitted for an approval of final stormwater management plans shall include, but are not limited to: Geotechnical investigations including soil maps, borings, site specific recommendations, and any additional information necessary for the stormwater management design plan; Drainage area maps depicting predevelopment as applicable and post development runoff flow path segmentation and land use; Hydrologic computations of the applicable ESD and unified sizing criteria according to the Maryland Design Manual and the Prince George's County Design Manual for all points of discharge from the site; Hydraulic and structural computations for all ESD practices and structural stormwater management measures to be used; A narrative that supports the stormwater management design plan; and Any other information required by the Department. Construction drawings submitted for final stormwater management plan approval shall include, but are not limited to: A vicinity map; Existing and proposed topography and proposed drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities; Any proposed improvements including location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading; The location of existing and proposed structures and utilities; Any easements and rights-of-way; The delineation, if applicable, of the 100-year floodplain and all regulated environmental features as shown on the approved NRI; Structural and construction details including representative cross sections for all components of the proposed drainage system or systems, and stormwater management facilities; All necessary construction specifications; Sequence of construction; Data for total site area, disturbed area, new impervious area, and total impervious area; A table showing the ESD and unified sizing criteria volumes required in the Maryland Design Manual and the Prince George's County Design Manual; A table of materials to be used for stormwater management facility planting; All soil boring logs and locations; An inspection and maintenance schedule; Certification by the owner/applicant that all stormwater management construction will be done according to this plan; An as-built certification signature block to be executed after project completion; and Any other information required by the Department. If a stormwater management design plan involves direction of some or all runoff from the site, it is the responsibility of the applicant to obtain from adjacent property owners any easements or other necessary property interests concerning flow of water. Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner's permission. Notification The applicant shall send, within seven (7) days of filing of a stormwater concept plan under this Section, by first class mail an informational mailing to all adjoining property owners, including owners whose properties lie directly across a street, alley, or stream, to every municipality located within one (1) mile of the applicant's property and to all civic associations registered with the Maryland National Capital Park and Planning Commission pursuant to Sec. 17-125.01 of the County Code for the area which includes the property." The applicant shall file an affidavit of mailing with the Department prior to approval of the stormwater concept plan. The affidavit shall give the names and addresses of all persons sent informational mailings and the dates when they were sent. Before a stormwater concept plan is approved, the Department shall determine that the applicant has complied with this Section.

All changes or modifications to the approved final stormwater management plans must be submitted to and approved by the Department. All necessary substantiating reports shall be submitted with any proposal to modify the approved plan. No grading or other work in connection with any proposed modification shall be permitted without proper written approval of the Department. If the revision where the limits of disturbance affects the tree conservation area then a revised tree conservation plan shall also be required. When inspection of a site indicates that the approved final stormwater management plan requires a revision or change, the revision shall be in compliance with this Division. To obtain an approved revision, the permittee shall: Submit a request for a revision to the approved final stormwater management plan to the Department to be processed appropriately. This includes revisions due to plan and site discrepancies and inadequacies at controlling stormwater as revealed through inspection; or Request a field change approval for modifications to the approved final stormwater management plan and obtain County Engineer's approval. The modification shall be noted on a signed copy of the approved plan, signed and dated by a Department's inspector and documented on a field inspection report. These field modifications may include change of material type, adjustments to avoid field conflicts and other concerns that may not require recalculations and will not affect stormwater management controls.

A grading or building permit shall not be issued for any parcel or lot unless a final erosion and sediment control plan has been approved by the Prince George's County Soil Conservation District, and final stormwater management plan has been approved by the Department as meeting all of the requirements of this Division. Where appropriate, building, stormwater management or grading permits shall not be issued or modified without the following: A performance bond acceptable to the County Attorney as required by this Division, where applicable. Recorded easements for the stormwater management facilities that provide adequate access for inspection and maintenance from a public right-of-way. Approved final stormwater management plan, provided that the Director may accept a site grading plan that identifies the location and type of facilities to be constructed in sufficient detail to accurately estimate construction costs. Notwithstanding any of the provisions herein, the Director may require an approved final stormwater management plan and the recordation of all necessary easements prior to issuance of a building permit or grading permit. In no event shall a use and occupancy permit be granted until all of the grading and stormwater management requirements are completed to the satisfaction of the Director. Approved final stormwater management plan shall contain certification by the applicant that all land clearing, construction, development and drainage shall be undertaken in accordance with the approved final stormwater management plan.

A nonrefundable fee shall be paid at the time of the final stormwater management plan or application for modification is submitted. The fee may provide for the cost of plan review, administration of the permitting process, inspection and enforcement of all projects subject to this Division. The fee shall be in the amount specified in Section 32-120. If a stormwater management facility is to be constructed to serve more than one development, a fee in lieu of construction of an on-site stormwater management ESD to MEP facility may be assessed by the Department, as specified in Section 32-120. Special maintenance fees are required for all publicly maintained stormwater management ponds. The maintenance fee will be as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. The fee will be payable by the applicant with all other fees prior to issuance of storm drain and stormwater management construction permits.

Any grading, stormwater or building permit issued by the Department may be suspended or revoked by the Director after written notice to the permittee for any of the following reasons: Any violation(s) of the conditions of the approved final stormwater management plan, including the provisions of the Conservation Plan and Conservation Agreement, where applicable; Construction not in accordance with the approved final stormwater management plans or specifications; Noncompliance with correction notice(s) or stop work order(s) issued for the construction of any stormwater management practice; An immediate danger exists in a downstream area as determined by the Department; or Permits found to be issued in error when the original approval did not conform to the provisions of this Division or the approval was based on inaccurate information provided by the permittee.

In granting an approval for any phase of site development, the Department may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this Division and the preservation of public health and safety.

Generally. Notwithstanding other conditions of a permit on the minimum standards set forth in this Division, the permittee is responsible for the abatement of pollutant discharges, damage to adjacent property, and the maintenance of water quality. No person shall grade land in any manner as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without adequate protection of the property from settling, cracking, erosion, sedimentation, or other damage or personal injury which might result. Public-ways. The permittee shall be responsible for the prompt removal of, and damages resulting from, any soil, miscellaneous debris, and/or pollutant discharge, or other materials washed, spilled, tracked, dumped or otherwise deposited on public streets, highways, sidewalks, watercourses, or other public thoroughfares as an incident to construction activity, or during transit to and from a construction site.

The applicant shall provide a cash bond, irrevocable letter of credit, certificate of guarantee or other means of security acceptable to the County Attorney prior to the issuance of any building and/or grading permit for construction of a development requiring a stormwater management facility. The amount of the security shall not be less than the total construction cost of the publicly maintained stormwater management facility as estimated by the Department. The security shall include provisions concerning forfeiture for failure to complete work specified in the approved final stormwater management plan, compliance with all the provisions of this Division and other applicable laws and regulations, and any time limitations. Action on a defaulted permit shall be taken in accordance with the provisions set forth in Section 32-135. The security shall not be fully released without final inspection of completed work and the acceptance of "as-built" plans. A provision may be made for the partial release of up to 75 percent of the amount of the security.

The permittee shall notify the Department at least 48 hours before commencing any work in conjunction with the site development, the stormwater management plan, and upon completion of the project. Regular inspections shall be made and documented for each BMP and each ESD planning technique and practice at the stages of construction specified in the Maryland Design Manual and the Prince George's County Design Manual by the County, its authorized representatives, or certified by a professional engineer licensed in the State of Maryland. At a minimum, all ESD and other structural and nonstructural practices shall be inspected upon completion of final grading, the establishment of stabilization, and before issuance of a use and occupancy permit approval. Written reports shall include: The date and location of the inspection; Whether construction was in compliance with the approved final stormwater management plan; Any variations from the approved construction specifications; and Any violations that exist. The owner/permittee and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action. No work shall proceed on the next phase of development until the Department inspects and approves the work previously completed and furnishes the permittee with the results of the inspection reports after completion of each required inspection.

At a minimum, regular inspections shall be made and documented at the following specified stages of construction: For ponds: Upon completion of excavation to sub-foundation and when required, installation of structural supports or reinforcement for structures, including but not limited to: Core trenches for structural embankments; Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and Trenches for enclosed storm drainage facilities; During placement of structural fill, concrete, and installation of piping and catch basins; During backfill of foundations and trenches; During embankment construction; and Upon completion of final grading and establishment of permanent stabilization. Wetlands - at stages specified for pond construction in this Section of this Division, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50 percent. For infiltration trenches: During excavation to subgrade; During placement and backfill of under drain systems and observation wells; During placement of geotextiles and all filter media; During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and Upon completion of final grading and establishment of permanent stabilization. For infiltration basins - at the stages specified for pond construction in this Section of this Division and during placement and backfill of underdrain systems. For filtering systems: During excavation to subgrade; During placement and backfill of underdrain systems; During placement of geotextiles and all filter media; During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifice, and flow distribution structures; and Upon completion of final grading and establishment of permanent stabilization. For open channel systems: During excavation to subgrade; During placement and backfill of under drain system for dry swales; During installation of diaphragms, check dams, or weirs; and Upon completion of final grading and establishment of permanent stabilization. The Department may, for enforcement purposes, use any one or a combination of the following actions: A notice of violation shall be issued specifying the need for corrective action if the final stormwater management plan noncompliance is identified; A Stop Work Order shall be issued for the site by the Director if a violation persists; Bonds or securities shall be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of this Code, the Maryland Design Manual, the Prince George's County Design Manual, or this Division. Any step in the enforcement process may be taken at any time, depending on the severity of the violation. Once construction is complete, "as-built" plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland to ensure that ESD planning techniques, treatment practices, and structural and nonstructural stormwater management measures and conveyance systems comply with the specifications contained in the approved plans. At a minimum, "as-built" certification shall include a set of drawings comparing the approved final stormwater management plan with what was constructed. The Department may require additional information. The Department shall submit notice of construction completion to the Administration on a form supplied by the Administration for each structural stormwater management practice within 45 days of construction completion. The type, number, total drainage area, and total impervious area treated by all ESD techniques and practices shall be reported to the Administration on a site by site basis. If BMPs requiring Prince George's Soil Conservation District approval are constructed, notice of construction completion shall also be submitted to the Soil Conservation District.

The permittee shall provide "as-built" plans certified by a registered professional engineer to be submitted upon completion of a stormwater management facility. The registered professional engineer shall certify that the facility has been constructed as shown on the "as-built" plan and meets the approved final stormwater management plan and specifications. A final inspection shall be conducted upon completion of the stormwater management facility to determine if the completed work is constructed in accordance with the approved final stormwater management plan. The Department shall maintain a permanent file of all inspection reports.

At the discretion of the Department, the certification of a professional engineer registered in the State of Maryland may be accepted in lieu of any inspection required by this Division.

Any stormwater management measure which serves a single lot or facility shall be privately owned and maintained. All stormwater management measures relying on vegetated areas or site features shall be privately owned and maintained unless located on public property. All other stormwater management facilities shall be publicly owned and operated.

Prior to the issuance of any building permit for which stormwater management is required, the County shall require the applicant or owner to execute an inspection and maintenance agreement to include an operation and maintenance plan binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the County or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards. The agreement shall be recorded by the applicant in the land records of the County prior to the issuance of any Use and Occupancy permits for the project. The agreement shall also provide that, if after notice by the Department to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the County may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the County.

Preventive maintenance inspections of public infiltration systems, bioretention, retention or detention structures shall be made by the Department. Inspection reports for public facilities shall be maintained by the Department. Privately maintained facilities shall be inspected by the property owner of record. The Department of the Environment shall create an inspection schedule requiring an inspection during the first year of operation and at least once every three (3) years thereafter. The inspection reports shall be submitted to the Department of the Environment for evaluation to ensure compliance with the approved plans and maintenance agreement. Reports for private facilities shall be maintained by the Department of the Environment. In lieu of the Department of the Environment maintenance inspections, a licensed professional engineer may also perform maintenance inspections of private facilities and submit the appropriate reports to the Department of the Environment. Inspections by a third-party shall be evaluated by the Department of the Environment to ensure compliance with the approved plan and maintenance agreement. If, after an inspection, the condition of a facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, for a publicly maintained facility, the Department or for a privately maintained facility, the Department of the Environment as appropriate, shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be paid by the owner. Inspection reports for ESD treatment systems and structural stormwater management measures shall include the following: The date of inspection; Name of inspector; An assessment of the quality of the stormwater management system related to ESD treatment practice efficiency and the control of runoff to the MEP; The condition of: Vegetation or filter media; Fences or other safety devices; Spillways, valves, or other control structures; Embankments, slopes, and safety benches; Reservoir or treatment areas; Inlet and outlet channels or structures; Underground drainage; Sediment and debris accumulation in storage and forebay areas; Any nonstructural practices to the extent practicable; and Any other item that could affect the proper function of the stormwater management system. Description of needed maintenance. Upon notifying an owner of the inspection results, the owner shall have 30 days, or other time frame mutually agreed to between the Department and the owner, to correct the deficiencies discovered. The Department shall conduct a subsequent inspection to ensure completion of the repairs. If repairs are not properly undertaken and completed, enforcement procedures of Section 32-195 of this Division shall be followed by the Department. If, after an inspection by the Department, the condition of a stormwater management facility is determined to present immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, the Department shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be assessed against the owner(s), as provided in 32-195(c) of this Division.

If any portion of this Division is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this Division. It is the intent of the County that this Division shall stand, even if a section, subsection, sentence, clause, phrase, or portion may be found invalid.

Any violation notice issued pursuant to this Division may be appealed in writing to the Board of Appeals of the County within ten (10) days of the date of the violation notice or such period of time as may be specified in the violation notice. Any person aggrieved by the decision of the Director denying a waiver of the requirements of this Division may appeal such decision to the Board of Appeals of the County, in writing, within ten (10) days of the date of the written denial.

Any person convicted of violating the provisions of this Division shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00), or imprisonment not exceeding one (1) year, or both, for each violation, with costs imposed at the discretion of the court and not to exceed Fifty Thousand Dollars ($50,000.00). Each day that the violation continues shall be a separate offense. In addition, the County Attorney may institute injunctive mandamus or other appropriate action or proceedings at law or equity for the enforcement of this Division or to correct violations of this Division, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

Neither the issuance of a permit under the provisions of this Division nor compliance with the provisions hereto or with any condition imposed by the Director hereunder shall relieve any person from responsibility for damage to persons, property, drainage systems, living resources or general environment nor impose any liability upon the County for damages to persons or property.

Starting in 2013, the Department shall issue an annual report and analysis by December 31st to the County Executive and the County Council on the implementation of and compliance with the stormwater management provisions contained in this Division, including projects that received administrative waivers under Section 32-170(d), incentives under Section 32-175(e) and variances under Section 32-176.

There is hereby established the Stormwater Management and Residential Resilience Retrofit Program, hereinafter the "Program", for the purpose of providing property owners the incentive to invest in stormwater management to improve the quality of life in our communities with green stormwater retrofits and to help Prince George's County meet its obligations under the Clean Water Act to reduce stormwater pollution in its rivers and streams. The Program shall be administered by the Department of the Environment. The Program shall be operated as a rebate program for eligible climate resilience and stormwater management expenditures and the Director of the Department of Environment may promulgate regulations to operate the program in a manner where the property owner and Department of Environment execute projects via a cost-share agreement for any of the practices authorized in Section 32-201.03 subsection (j).

Individuals, commercial businesses, multi-family dwellings, homeowners associations, condominium associations, civic associations, non-profit organizations and not-for-profit organizations, including housing cooperatives, with property located in Prince George's County are eligible to receive rebates pursuant to the Program subject to eligibility criteria. A stormwater management retrofit application must be approved by the Department of the Environment prior to construction to be eligible. An applicant for a rain barrel project must meet eligibility criteria established by the Department of the Environment; however, preapproval by the Department of the Environment is not required to receive a rebate. An applicant is eligible as long as: The applicant owns the property or is a non-profit organization with an agreement to complete a project on private or public land. The application for the project was approved within 12 months of the completion date or in the case of a rain barrel, the receipt or invoice should be within 12 months of the rebate received. The Department of the Environment has inspected a completed project and found it to be in compliance with its original approved application and the project follows the Department's best practice guidelines and criteria for that type of project. All invoices and receipts for the entire amount shall be submitted to the Department of the Environment for review and approval. If eligible for a rebate, a rebate check will be provided by the Department of Finance. Applicants will not be eligible if their project is associated with permit approval requirements for new building construction, additions, or renovations. Applicants will not be eligible if the property is located within a municipality that has a similar rebate program for stormwater management projects. If a municipality offers a tree-planting rebate program, but caps the program at less than the county, a resident may apply to the county to allow for purchase of additional trees not addressed by the municipal rebate program. The Department of the Environment shall promulgate regulations consistent with this law to administer the Program. Regulations shall include the provision of best practice guidelines and criteria for each type of stormwater project to aide an applicant's understanding of what is required for a completed project to qualify. Regulations shall include mechanisms for enabling participation in under-served communities and equity areas. This may include a sliding copay scale. Regulations shall be proposed by no later than 6 months after enactment, and published in final form by no later than 12 months after enactment. The Department shall prioritize establishing regulations and guidelines for rain barrels. Rain barrel rebates from funds appropriated in the Fiscal Year 2013 budget may be used upon enactment of regulations that the Department of the Environment promulgates for them. The Department of the Environment shall select a minimum of six target communities in which to do intensified public outreach, education, and demonstrations for the Program. The target communities shall include at least six communities prioritizing regions of the county with significant impervious surface coverage. The Department of the Environment shall establish a list of qualified private and non-profit contractors that property owners may utilize to implement a stormwater retrofit project, including Prince George's based businesses.

With the exception of rain barrels, applications for rebates shall commence with the beginning of Fiscal Year 2014. Rebates will be awarded on a first-come first-served basis. The amount of a rebate provided shall not exceed the cost of the project. Lifetime rebate ceilings per property are $6,000 for residential projects and $20,000 for commercial, multi-family dwelling, home-owners associations, condominium associations, civic associations, non-profit entities and not-for-profit organizations. An applicant may do multiple projects until the rebate ceilings are met. Non-profit organizations may annually perform community projects up to the $20,000 ceiling that the Department of the Environment determines to be an eligible use of the funds. Community projects are those techniques performed by organizations that are established pursuant to Section 501(c)(3) of the Internal Revenue Code. Community projects consist of stormwater management techniques that benefit the community and are located on public property. The Department of the Environment is authorized to enter into contracts with non-profit organizations and residential property owners for the purpose of financing Stormwater Management and Residential Resilience Retrofit Program projects. The purpose of the contracts is to provide upfront costs for the residential property owner who may otherwise not be able to afford to participate in the Program. Non-profit organizations shall pay the initial costs and are eligible to receive a rebate prior to construction with an approved application and an authorized property owner agreement. Prior to receiving the rebate, non-profit organizations shall be required to demonstrate capacity and resources to perform and complete the project pursuant to the Department of the Environment Rain Check Rebate regulations. The property owner shall pay the non-profit for the balance of the cost not covered by the rebate. The Department and non-profit organizations shall focus on communities with significant impervious surface coverage or where the Program has the potential to make an impact on residential flooding and quality of life. Contracts for payment of upfront costs are subject to the Program requirements set forth in Sections 32-201.01, 32-201.02, 32-201.03, 32-201.04, and 32-201.05 of this Subtitle. The Department shall provide applicants for residential rebates the maintenance guidelines for the project and available resources for technical assistance. The Department may require applicants for residential rebates to sign a voluntary property owner agreement to maintain the project. Applicants for a commercial or public use shall sign an operations and maintenance agreement for the project. The Department shall promulgate regulations to govern all aspects related to maintenance of the project over its useful life. Individual members of a housing cooperative may apply for rebates under the residential incentives category subject to Department regulations. In order to receive a rebate, an agreement shall be executed between the applicant and the County that shall allow the County to place promotional signage for the Program on their property, take and use photos, and do follow-up evaluations. There will also be a voluntary option to agreeing to participate in any project tours the County holds to promote the Program. The following techniques will be made available for rebates: Technique Residential One or more techniques may be installed for a lifetime maximum rebate of $6,000 per property. Commercial, Homeowner Associations, Condominium Associations, Civic Associations, Multi-Family Dwelling, Non Profits, Not-for-Profit Organizations One or more techniques may be installed for a lifetime maximum rebate of $20,000 per property. Urban Tree Canopy $150/tree $150/tree Rain Barrels $2/gallon stored (must capture 50 gallons) $2/gallon stored (Must capture 100 gallons) Cisterns $2/gallon stored, 250 gallons minimum $2/gallon stored, 250 gallons minimum Rain Garden $10/square foot minimum size 100 square feet $10/square foot minimum size 100 square feet Permeable Pavement $12/square foot $12/square foot 400 square foot minimum Pavement Removal $6/square foot $6/square foot; 400 square foot minimum Green Roofs $10/square foot; minimum ¼ roof retrofit $10/square foot - if less than 6" of planting material; $20/square foot - if over 6" of planting material; minimum ¼ roof retrofit Conservation Landscaping $5/square foot; minimum size 250 square feet $5/square foot; minimum size 250 square feet

The source of funding for the Stormwater Management and Residential Resilience Retrofit Program shall be the Stormwater Management District Fund, set forth in Section 10-264 of the County Code. For Fiscal Year 2014 and for each fiscal year thereafter, the County shall appropriate $3.0 million in Stormwater Management District Funds to the Program, as provided for in the County's approved current expense budget. If the granting of a rebate would cause the annual appropriation to be exceeded, the rebate shall be granted in the next fiscal year, or fiscal years in the order of eligible applications received. Up to ten percent (10%) of the $3.0 million appropriation, in each fiscal year maybe expended on technical assistance for managing the Program, educating owners on how to install and maintain their projects, promotional expenses, and other related stormwater management expenses. At least (50%) of the appropriation, in each fiscal year shall be utilized for rebates as described in Section 32-201.03; the remainder may be used to execute a cost-share program as described in Section 32-201.01(b). Pursuant to Section 10-248.05 of the County Code, at the end of each fiscal year, unexpended funds from the Program shall not automatically lapse into the general fund but shall accumulate within the Stormwater Management District Fund and be available for appropriation to the Stormwater Management District Fund in subsequent fiscal years.

The Director of the Department of the Environment shall provide an annual report to the County Council on the Program on or before December 31st of each year for the previous fiscal year, to include: The number of applications received; The number of applications denied; The amount and types of applications approved; and The location by Council District of the number of applications received and denied and the amount and types of applications approved.

In accordance with the provisions of Section 4-202.1, Environment Article, Annotated Code of Maryland, there is hereby established a Watershed Protection and Restoration Program consisting of the Clean Water Act Fee and a Local Watershed Protection and Restoration Fund established in Subtitle 10, Division 20 of this Code. The purpose of this Program shall be for the improvement of water quality as it relates to untreated stormwater runoff, including restoration planning, design, construction of capital projects, public education and outreach, best management practices, inspections and enforcement, water quality reporting, program resourcing, and GIS mapping. The procurement of any goods and services for the Watershed Protection and Restoration Program shall be subject to Subtitle 10A of this Code.

Fee. The Clean Water Act Fee shall be set, collected and deposited pursuant to the provisions of Subtitle 10, Division 20 of this Code. Reduction of Fee. The Director of the Environment or his designee shall establish policies and procedures to reduce any portion of the Clean Water Act Fee established under Subtitle 10, Division 20 of this Code and subsection (A) of this section to account for on-site and off-site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from the property, or for demonstrated substantial financial hardship as a result of the fee. The policies and procedures established by the Director of the Environment pursuant to subsection (b)(1) of this Section shall include: Guidelines for determining which on-site systems, facilities, services, or activities may be the basis for a fee reduction, including guidelines: Relating to properties with existing advanced stormwater best management practices; Relating to agricultural activities or facilities that are otherwise exempted from stormwater management requirements by the County; and That account for the costs of, and the level of treatment provided by, stormwater management facilities that are funded and maintained by a property owner; The method for calculating the amount of a fee reduction; Procedures for monitoring and verifying the effectiveness of the on-site systems, facilities, services, or activities in reducing the quantity or improving the quality of stormwater discharged from the property; Procedures that require County-based businesses, as defined in Section 10A-101(13), to the extent practicable, be utilized for on-site and off-site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from the property, except where the Director of Central Services determines in writing that insufficient local business capacity exists for a particular good or service or that such a requirement would cause undue hardship; and Procedures by which qualified tax-exempt religious organizations or other 501(c) nonprofit organizations may be exempt from the portion of the Clean Water Act Fee based upon the impervious area existing on the property owned by the organization. Monitoring. For the purpose of monitoring and verifying the effectiveness of the on-site systems, facilities, services, or activities under paragraph (c)(3) of this Section, the Department of the Environment may: Conduct on-site inspections; Authorize a third party, certified by the Maryland Department of the Environment, to conduct on-site inspections on behalf of the Department; or Require a property owner to hire a third party, certified by the Maryland Department of the Environment, to conduct an on-site inspection and provide to the Department of the Environment the results of the inspection and any other information required by the Department. Appeals. The Director of the Environment or his designee shall establish policies and procedures governing the consideration of appeals of Clean Water Act Fees imposed pursuant to Subtitle 10, Division 20 of this Code and this section. An appeal shall be in writing in a form suitable to the Department and shall be provided to the Director of the Environment or his designee not later than October 1 of the year for which the Clean Water Act Fee is assessed. The grounds for appeal shall be limited to the following: For multifamily residential and nonresidential properties only, errors made regarding the impervious surface measurement of the property; For single-family residential properties only, errors in the zoning classification of the property; Mathematical errors in the calculation of the fee; and Misidentification of the property owner. The Director of the Environment or his designee may enter into agreements with municipal corporations to engage in restoration efforts using monies from the Local Watershed Protection and Restoration Fund.

General Provisions. Findings. The Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of Prince George's County, Maryland. Special flood hazard areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Structures that are inadequately elevated, improperly flood proofed, or otherwise unprotected from flood damage also contribute to flood losses. Prince George's County, Maryland, by resolution, agreed to meet the requirements of the National Flood Insurance Program and was accepted for participation in the program on August 4, 1972. As of August 4, 1972, also the initial effective date of the Prince George's County Flood Insurance Rate Map, all development and new construction, as defined herein, are to be compliant with these regulations. Statutory Authorization. The Maryland General Assembly, in Md. Code Ann., Land Use Article, Title 4, has established as policy of the State that the orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning control, and that the planning and zoning controls shall be implemented by local government in order to, among other purposes, secure the public safety, promote health and general welfare, and promote the conservation of natural resources. Therefore, the County Council of Prince George's County does hereby adopt the following floodplain management regulations. Statement of Purpose. The purpose of this Division is to promote the public health, safety and general welfare, and to: protect human life, and health and welfare; minimize public and private property damage; encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; protect potential purchasers from unwittingly buying lands and structures which are unsuited for certain purposes because of flood hazards; minimize flooding of water supply and sanitary sewage disposal systems; maintain natural drainage; reduce financial burdens imposed on the community, its governmental units, and its residents by discouraging unwise design and construction of development in areas subject to flooding; increase public awareness of potential flooding; protect the biological and environmental quality of the watersheds or portions thereof located in Prince George's County, Maryland; minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; minimize prolonged business interruptions; minimize damage to public facilities and other utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges; reinforce that those who build in and occupy special flood hazard areas should assume responsibility for their actions; minimize the impact of development on adjacent properties within and near flood-prone areas; provide that flood storage and conveyance functions of floodplains are maintained; minimize the impact of development on the natural and beneficial functions of floodplains; prevent floodplains uses that are either hazardous or environmentally incompatible; meet community participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR) at 44 CFR Section 59.22; and provide a unified comprehensive approach to floodplain management which addresses requirements of Federal and State programs concerned with floodplain management, including without limitations: the National Flood Insurance Program and the President's Executive Order 13690 of January 30, 2015, on floodplain management; the State Waterway Construction Permit Program, State Wetlands Permit Program, the U.S. Army Corps of Engineer's Section 10 and Section 404 permit programs; and the State Coastal Zone Management Program. Areas to Which These Regulations Apply. The provisions of this Division shall apply to all special flood hazard areas within the jurisdiction of Prince George's County, Maryland, except for that area of the County within the boundaries of the City of Laurel. The provisions of this Division shall not apply to Federal and state-owned properties. Basis for Establishing Special Flood Hazard Areas and Base Flood Elevations (BFEs). For the purposes of these regulations, the minimum basis for establishing special flood hazard areas and base flood elevations is the Flood Insurance Study for Prince George's County, Maryland and Incorporated Areas (except within the boundaries of the City of Laurel) dated September 16, 2016, or the most recent revision thereof, and the accompanying Flood Insurance Rate Map(s) and all subsequent amendments and revisions to the FIRMs. The FIS and FIRMs are retained on file and available to the public at the Prince George's County website, libraries and government office(s). Where field surveyed topography or digital topography indicates that ground elevations are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard on the FIRM, the area shall be considered as a special flood hazard area. To establish base flood elevations in special flood hazard areas or floodways that do not have such elevations shown on the FIRM, the Floodplain Administrator or designee may provide the best available data for base flood elevations, may require the applicant to obtain available information from Federal, State, or other sources, or may require the applicant to establish special flood hazard areas and base flood elevations as set forth in these regulations. Abrogation and Greater Restrictions. These regulations are not intended to repeal or abrogate any existing regulations and ordinances, including subdivision regulations, zoning ordinances, building codes, or any existing easements, covenants, or deed restrictions. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern. Interpretation. In the interpretation and application of these regulations, all provisions shall be: Considered as minimum requirements; Liberally construed in favor of the governing body; and Deemed neither to limit nor repeal any other powers granted under the laws of Maryland. Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur, and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside of the special flood hazard areas or uses that are permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Prince George's County, any officer or employee thereof, the Maryland Department of the Environment (MDE) or the Federal Emergency Management Agency (FEMA), for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

The following terms shall have the meanings indicated: Accessory Structure - A detached structure on the same parcel of property as the principal structure, the use of which is incidental to the principal structure. (Examples would be a shed or detached garage, etc.). For the purposes of these regulations, an accessory structure shall be used solely for parking of vehicles and limited storage. Agreement to Submit an Elevations Certificate - A form on which the applicant for a permit to construct a building or structure, to construct certain horizontal additions, to place or replace a manufactured home, to substantially improve a building, structure, or manufactured home, agrees to have an Elevation Certificate prepared by a licensed professional engineer or licensed professional surveyor, as specified by the Floodplain Administrator or designee, and to submit the certificate: Upon placement of the lowest floor and prior to further vertical construction; and Prior to the final inspection and issuance of the Certificate of Occupancy. Alteration of a Watercourse - For the purpose of these regulations, alteration of a watercourse includes, but is not limited to widening, deepening or relocating the channel, including excavation or filling of the channel. Alteration of a watercourse does not include construction of a road, bridge, culvert, dam, or in-stream pond unless the channel is proposed to be realigned or relocated as part of such construction. Area of Shallow Flooding - A designated Zone AO on the Flood Insurance Rate Map with a 1-percent annual chance or greater of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident; such flooding is characterized by ponding or sheet flow. Base Building - The building to which an addition is being added. This term is used in provisions relating to additions. Base Flood (or 100-year Flood) - The flood that has a one percent (1%) chance of being equaled or exceeded in any given year; the base flood also is referred to as the 1-percent annual chance (100-year) flood. Base Flood Elevation - The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map and any approved floodplain study. In areas of shallow flooding, the base flood elevation is the highest adjacent natural grade elevation plus the depth number specified in feet on the Flood Insurance Rate Map, or at least four (4) feet if the depth number is not specified. Basement - Any area of a building having its floor subgrade (below ground level) on all sides. Building Code(s) - Subtitle 4, the Prince George's County Building Code. Coastal A Zone - An area within a special flood hazard area, landward of a coastal high hazard area (V Zone) or landward of a shoreline without a mapped coastal high hazard area, in which the principal source(s) of flooding are astronomical tides and storm surges, and in which, during base flood conditions, the potential exists for breaking waves with heights greater than or equal to 1.5 feet. The inland limit of the Coastal A Zone may be delineated on FIRMs as the Limit of Moderate Wave Action (LiMWA). Coastal High Hazard Area - An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms. Coastal high hazard areas also are referred to as "V Zones" and are designated on FIRMs as zones VE or V1-30. Community - A political subdivision of the State of Maryland (county, city or town) that has authority to adopt and enforce floodplain management regulations within its jurisdictional boundaries. County Floodplain or the Floodplain - Includes those areas within the County that will be inundated by the one percent annual chance base flood, as determined by FEMA or the County (see definition of "Flood or Flooding"). Critical and Essential Facilities - Buildings and other structures that are intended to remain operational in the event of extreme environmental loading from flood, wind, snow or earthquakes. Critical and essential facilities typically include hospitals, fire stations, police stations, storage of critical records, facilities that handle or store hazardous materials, and similar facilities. Declaration of Land Restriction (Nonconversion Agreement) - A form signed by the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions. Department - The Prince George's County Department of Permitting, Inspections, and Enforcement (DPIE). Development - Any manmade change to improved or unimproved real estate including, but not limited to, any construction, reconstruction, modification, extension or expansion of buildings or other structures, placement of manufactured homes, placement of fill or concrete, construction of new or replacement infrastructure, dumping, mining, dredging, grading, paving, drilling operations, storage of materials, land excavation, land clearing, land improvement, landfill operation, or any combination thereof. Director - The Director of the Prince George's County Department of Permitting, Inspections, and Enforcement (DPIE) or the Director's designee. Discharge - A flow rate of stormwater runoff. For non-FEMA flood studies, discharge is based on ultimate land use conditions. Elevation Certificate - FEMA form on which surveyed elevations and other data pertinent to a property and a building are identified and which shall be completed by a licensed professional land surveyor or a licensed professional engineer, as specified by the Floodplain Administrator. When used to document the height above grade of buildings in FEMA special flood hazard areas, for which base flood elevation data are not available, the Elevation Certificate shall be completed in accordance with the instructions issued by FEMA. The certificate verifies the as-built elevation of a structure using Mean Sea Level as established by the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, and the WSSC Datum. An elevation certificate shall identify the datum of the site topography. Enclosure Below the Lowest Floor - An unfinished or flood-resistant enclosure that is located below an elevated building, is surrounded by walls on all sides, and is usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations. Also see "Lowest Floor." Existing Condition Floodplain - The 1-percent annual chance (100-year) floodplain conditions before the proposed development is started. For non-FEMA floodplain studies, this is based on ultimate development hydrology and existing channel conditions. Federal Emergency Management Agency (FEMA) - The Federal agency with the overall responsibility for administering the National Flood Insurance Program (NFIP). FEMA Floodplain - The flood hazard area as shown on FEMA maps, which is based on existing land use conditions. FEMA Maps - The Flood Insurance Rate Maps (FIRM) and any subsequent amendments or revisions. Flood (or Flooding) - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the rapid and unusual accumulation of runoff of surface water from any source. Flood Damage-Resistant Materials - Any construction material that is capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Flood Insurance Rate Map (FIRM) - An official map on which the Federal Emergency Management Agency delineated the minimum special flood hazard areas to indicate the magnitude and nature of flood hazards, to designate applicable flood zones, and to delineate floodways, if applicable. FIRMs that have been prepared in digital format or converted to digital format are referred to as Digital FIRMs (DFIRM). Flood Insurance Study (FIS) - The official report in which the Federal Emergency Management Agency has provided engineering methodology to compute flood profiles, floodway information, and the water surface elevations. Flood Opening - A flood opening (non-engineered) is an opening that is used to meet the prescriptive requirement of one (1) square inch of net open area for every square foot of enclosed area. An engineered flood opening is an opening that is designed and certified by a licensed professional engineer or licensed architect as meeting certain performance characteristics, including providing automatic entry and exit of floodwaters; this certification requirement may be satisfied by an individual certification for a specific structure. Floodplain means in general: Relatively flat or low land area adjoining a river, stream or other watercourse which is subject to partial or complete inundation; Area subject to the unusual and rapid accumulation or runoff of surface waters from any source; or Area subject to tidal surges or extreme tides. Floodplain Buffer - An area extending beyond and paralleling the County floodplain to maintain the stability of steep slopes, to preserve the environmental integrity of stream or wetland habitats associated with a floodplain, and to otherwise protect and maintain the public safety. Flood proofing (or Flood Proofed) - Any combination of structural and nonstructural additions, changes or adjustments of properties and structures that reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings, such that the buildings or structures are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Flood proofing Certificate - A form supplied by the Federal Emergency Management Agency that is to be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of flood proofing and proposed methods of construction are in accordance with the applicable requirements to the Flood Protection Elevation. Flood Protection Elevation (FPE) - The base flood elevation plus freeboard. Two (2) feet of freeboard are required for FEMA purposes only. For non-FEMA studies, one (1) to two (2) feet of freeboard are required, based on the specific watershed, as described in the Prince George's County, Maryland, Stormwater Management Design Manual (the "Manual"). Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to pass the base flood discharge such that the cumulative increase in the water surface elevation of the base flood discharge is no more than one (1) foot. When shown on a FIRM, the floodway is referred to as the "designated floodway." Floodway Fringe - That portion of the floodplain outside the floodway. Floodway Map - A map which depicts floodways and special flood hazard areas to be regulated. Floodway Surcharge - The increase in the one percent annual chance 100-year flood elevation due to an encroachment within the floodplain. Flood Zone - A designation for areas that are shown on Flood Insurance Rate Maps: Zone A: Special flood hazard areas subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations are not determined. Zone AE and Zone A1-30: Special flood hazard areas subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations are determined; floodways may or may not be determined. In areas subject to tidal flooding, the Limit of Moderate Wave Action may or may not be delineated. Zone AH and Zone AO: Areas of shallow flooding, with flood depths of one (1) to three (3) feet (usually areas of ponding or sheet flow on sloping terrain), with or without BFEs or designated flood depths. Zone B and Zone X (shaded): Areas subject to inundation by the 0.2-percent annual chance (500-year) flood; areas subject to the 1-percent annual chance (100-year) flood with average depths of less than one (1) foot or with contributing drainage area less than one (1) square mile; and areas protected from the base flood by levees. Zone C and Zone X (unshaded): Areas outside of Zones designated A, AE, A1-30, AO, VE, V1-30, B, and X (shaded). Zone VE and Zone V1-30: Special flood hazard areas subject to inundation by the 1-percent annual chance (100-year) flood and subject to high velocity wave action (also see coastal high hazard area). Freeboard - A factor of safety that compensates for uncertain circumstances that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, climate change, and the hydrologic effect of urbanization in a watershed. Free-of-Obstruction - A term that describes open foundations (pilings, columns, or piers) without attached elements or foundation components that would obstruct the free passage of floodwaters and waves beneath structures that are elevated on such foundations. Functionally Dependent Use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water; the term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Geographic Information System (GIS) Based Floodplain Model - The hydrology and hydraulic models developed by the Department of the Environment (DoE) using GIS technologies and databases to determine peak discharges and flood elevations. Highest Adjacent Grade - The highest natural elevation of the ground surface, prior to construction, next to the proposed foundation of a structure. Historic Structure - Any structure that is: Individually listed in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Individually listed on the Maryland Register of Historic Places; or Individually listed on the inventory of historic places maintained by Prince George's County whose historic preservation program has been certified by the Maryland Historical Trust or the Secretary of the Interior. Hydrologic and Hydraulic Engineering Analyses - Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by Prince George's County, the Maryland Department of the Environment (Nontidal Wetlands & Waterways) and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. Letter of Map Change (LOMC) - A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A Conditional Letter of Map Revision Based on Fill (CLOMR-F) is a determination that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study. Once the CLOMR is approved, a follow-up LOMR is submitted. Upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA, to revise the effective FIRM. Licensed - As used in these regulations, licensed refers to professionals who are authorized, and in good standing, to practice in the State of Maryland by issuance of licenses by the Maryland Board of Architects, Maryland Board of Professional Engineers, Maryland Board of Professional Land Surveyors, and the Maryland Real Estate Appraisers and Home Inspectors Commission. Limit of Moderate Wave Action (LiMWA) - Inland limit of the area affected by waves greater than one and one-half (1.5) feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than those in the VE Zone. Lowest Floor - The lowest floor of the lowest enclosed area (including basement) of a building or structure; the floor of an enclosure below the lowest floor is not the lowest floor provided the enclosure is constructed in accordance with these regulations. The lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam). Manufactured Home or Building (for FEMA purposes only) - A structure transportable in one or more sections built on a permanent chassis and designed for use with or without a permanent foundation when connected to required utilities. For floodplain management purposes, the term "manufactured home or building" also includes park trailers, travel trailers, and other similar vehicles placed on a site for more than one hundred eighty (180) consecutive days. Market Value - The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. For the purposes of these regulations, the market value of a building is determined by a licensed real estate appraiser or the most recent, full phased-in assessment value of the building (improvement) determined by the Maryland Department of Assessments and Taxation. Maryland Department of the Environment (MDE) - A principal department of the State of Maryland that is charged with, among other responsibilities, the coordination of the National Flood Insurance Program in Maryland (NFIP State Coordinator) and the administration of regulatory programs for development and construction that occur within the waters of the State, including nontidal wetlands, nontidal waters and floodplains, and State and private tidal wetlands (Tidal Wetlands). Unless otherwise specified, "MDE" refers to the Department's Wetlands and Waterways Program. Mixed-Use Structure - Any structure that is used or intended for use for a mixture of nonresidential and residential uses in the same structure. National Flood Insurance Program (NFIP) - The program authorized by the U.S. Congress in 42 U.S.C. §§ 4001—4129. The NFIP makes flood insurance coverage available in communities that agree to adopt and enforce minimum regulatory requirements for development in areas prone to flooding (see definition of "Special Flood Hazard Area"). National Geodetic Vertical Datum (NGVD) - The National Geodetic Vertical Datum of 1929 elevation reference points set by the national Geodetic Survey based on Mean Sea Level. New Construction - Structures, including additions and improvements, and the placement of manufactured homes, for which the start of construction commenced on or after August 4, 1972, the initial effective date of the Prince George's County Flood Insurance Rate Map (FIRM), including any subsequent improvements, alterations, modifications, and additions to such structures. NFIP State Coordinator - See Maryland Department of the Environment (MDE). North American Vertical Datum (NAVD) - The North American Vertical Datum of 1988 is the vertical control datum established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988. Non-tidal Waters of the State - See "Waters of the State." As used in these regulations, "non-tidal waters of the State" refers to any stream or body of water within the State that is subject to State regulation, including the "100-year frequency floodplain of free-flowing waters." COMAR 26.17.04.01 states that "the landward boundaries of any tidal waters shall be deemed coterminous with the wetlands boundary maps adopted pursuant to Environment Article, § 16-301, Annotated Code of Maryland." Therefore, the boundary between the tidal and non-tidal waters of the State is the tidal wetlands boundary. Permanent Structure (for FEMA purposes only) - any structure occupying a site for more than one hundred eighty (180) consecutive days per year. Proposed Condition Floodplain - The 1-percent annual chance (100-year) floodplain conditions after the proposed development is completed. Proposed condition floodplain reflects proposed changes within the floodplain area, including: grading, road crossings, culverts, dams, embankments, bridges, structures and other modifications. For non-FEMA floodplain studies, this is based on ultimate development hydrology and proposed channel conditions. Recreational Vehicle (for FEMA purposes only) - A vehicle built on a single chassis that is four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use a permanent dwelling, but as temporary living quarters for recreational, traveling, camping, or seasonal use. Registered Engineer, Registered Land Surveyor, or Registered Architect - a professional engineer, land surveyor, or architect licensed to practice said profession and in good standing in the State of Maryland. Riparian Buffer - A riparian buffer is a vegetated area (a "buffer strip") near a stream, usually forested, which helps shade and partially protect a stream from the impact of adjacent land uses. A riparian buffer provides an environmental benefit by increasing water quality in associated streams, rivers, and lakes. Special Flood Hazard Area (SFHA) - The land in the floodplain subject to a one-percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AH, AO, A1-30, and Zones VE and V1-30 and A99. The term includes areas shown on other flood maps and that are identified in Section 32-204(a) of the County Code. Start of Construction (for FEMA purposes only) - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement occurs within one hundred eighty (180) days of the permit date. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, installation of piles, the construction of columns, or any work beyond the stage of excavation, or placement of a manufactured home on a foundation. Permanent construction, as used in this definition, does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For substantial improvements, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure - That which is built or constructed; specifically, a walled and roofed building, including, but not limited to, a gas or liquid storage tank that is principally above ground, a building foundation, or platform that is affixed to a permanent site or location as well as a manufactured home. Substantial Damage - Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its condition before damage would equal or exceeds fifty percent (50%) of the market value of the building or structure before the damage occurred. Substantial Improvement (for FEMA purposes only) - Any reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the building or structure (less land value). The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: Any project for improvement of a building or structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official prior to submission of an application for a permit and which are the minimum necessary to assure safe living conditions; or Any alteration of a historic structure, provided that the alteration will not preclude the structures' continued designation as a historic structure. Temporary Structure (for FEMA purposes only) - Any structure completely removed within one hundred eighty (180) days from issuance of the permit. Use and Occupancy Permit - The official approval from the Department of Permitting, Inspections and Enforcement (DPIE) indicating that the structure has been built consistent with approved plans and may be legally inhabited or used for the intended purpose. Violation (for FEMA purposes only) - Any construction or development in a special flood hazard area that is being performed without an issued permit. The failure of a building, structure, or other development for which a permit is issued to be fully compliant with these regulations and the conditions of the issued permit. A building, structure, or other development without the required design certifications, the Elevation Certificate, or other evidence of compliance required is presumed to be a violation until such time as the required documentation is provided. Waiver (or Variance) - A grant of relief from the strict application of one or more requirements of this Floodplain Ordinance. Watercourse - The channel, including channel banks and bed, of nontidal waters of the State. Waters of the State - Waters of the State include: Both surface and underground waters within the boundaries of the State subject to its jurisdiction; That portion of the Atlantic Ocean within the boundaries of the State; The Chesapeake Bay and its tributaries; All ponds, lakes, rivers, streams, public ditches, tax ditches, and public systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and The floodplain of free-flowing waters determined by MDE on the basis of the 1-percent annual chance (100-year) flood frequency. Wetland - An area that is: Inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas; Considered "private wetland" or "State wetland" pursuant to Title 9, Wetlands and Riparian Rights, Natural Resources Article, Annotated Code of Maryland; or Defined as wetland under the procedures described in the "Federal Interagency Committee for Wetland Delineation" most updated version and as amended from time to time.

The Floodplain Administrator will be the Director of the Department of Permitting, Inspections and Enforcement or the Director's designee. The Floodplain Administrator may: Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees. Enter into a written agreement or written contract with another Maryland community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR) at 44 CFR Section 59.22.

The duties and responsibilities of the Floodplain Administrator or designee shall include but not be limited to: Review applications for permits to determine whether proposed activities will be located in flood hazard areas. Interpret floodplain boundaries and provide available base flood elevation and flood hazard information. Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations. Review all permit applications to advise the applicant of necessary permits required from the Federal, State or local agencies; in particular, permits from MDE for any construction, reconstruction repair or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), and alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 1-percent annual chance (100-year) frequency floodplain of free flowing non-tidal waters of the State. The applicant shall be responsible for obtaining all necessary permits. Verify that applicants proposing an alteration of a FEMA special flood hazard watercourse have notified adjacent communities and MDE (NFIP State Coordinator), and have submitted copies of such notifications to FEMA. Approve applications and issue permits to develop in flood hazard areas if the waiver requirements, set forth in Section 32-206 of the County Code, have been met and approved by the Department. Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed. Review Elevation Certificates, as appropriate, and require incomplete or deficient certificates to be corrected. Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for Prince George's County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations or boundaries. Maintain and permanently keep records that are necessary for the administration of these regulations, including: Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been Flood proofed, other required design certifications, waiver, and records of enforcement actions taken to correct violations of these regulations. Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action. Administer the requirements related to proposed work on existing buildings: Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged. Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage. Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance (ICC) coverage under NFIP flood insurance policies. Notify the Federal Emergency Management Agency when the corporate boundaries of Prince George's County have been modified and: Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place within six months of the date of annexation and a copy of the amended regulations shall be provided to MDE (NFIP State Coordinator) and FEMA. Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of waivers issued for development in the SFHA.

The Floodplain Administrator or designee shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data: Where field surveyed topography indicates that ground elevations: Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations; Are above the base flood elevation, the area shall be regulated as special flood hazard area unless the applicant or the County, as determined by the Director, obtains a Letter of Map Change that removes the area from the special flood hazard area. In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used. Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations. Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA: Upon the issuance of a Letter of Final Determination by FEMA, if the preliminary flood hazard data is more restrictive than the effective data, it shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 32-202(d)(3) of the County Code and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

It shall be unlawful for any person to begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area including but not limited to: filling; grading; construction of new structures; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from Prince George's County. No such permit shall be issued until the requirements of these regulations have been met. In addition to the permits required in paragraph (a), applicants for permits in non-tidal waters of the State are advised to contact MDE. Unless waived by MDE, pursuant to Code of Maryland Regulations 26.17.04, Construction on Non-tidal Waters and Floodplains, MDE regulates the "100-year frequency floodplain of free-flowing waters," also referred to as non-tidal waters of the State. To determine the 1-percent annual (100-year) frequency floodplain, hydrologic calculations are based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas delineated using the results of such calculations may be different than the special flood hazard areas. A permit from Prince George's County is still required in addition to any State requirements. A building permit is valid provided the actual start of work is within 180 days of the date of permit issuance. Requests for extensions shall be submitted in writing and justifiable cause demonstrated. For building permits for structures affecting the 1-percent annual (100-year) floodplain, the Floodplain Administrator may grant, in writing, one or more extensions of time, for additional periods not exceeding ninety (90) days each and provided there has been no amendment or revision to the basis for establishing special flood hazard areas and BFEs.

The application for a county permit shall be made by the owner of the property or the owner's authorized agent (herein referred to as the applicant). The county permit shall be issued prior to start of any work. New Technical Data: The applicant may seek a Letter of Map Change by submitting new technical data to FEMA, such as base maps, topography, and engineering analyses to support revision of floodplain and floodway boundaries and/or base flood elevations. Such submissions shall be prepared in a format acceptable to FEMA and any fees shall be the sole responsibility of the applicant. If the applicant submits new technical data to support any change in floodplain and designated floodway boundaries and/or base flood elevations but has not sought a Letter of Map Change from FEMA, the applicant shall submit such data to FEMA as soon as practicable, but not later than six (6) months after the date such information becomes available. Such submissions shall be prepared in a format acceptable to FEMA and any fees shall be the sole responsibility of the applicant.

The Floodplain Administrator or designee shall: Review applications for development in special flood hazard areas to determine the completeness of information submitted. The applicant shall be notified of incompleteness or additional information that is required to support the application. Notify applicants that permits from MDE and the U.S. Army Corps of Engineers, and other State and Federal authorities may be required. Review all permit applications, advise the applicant of necessary permits required from Federal, State or local governmental agencies. The applicant shall be responsible for obtaining such permits, including permits issued by: The U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act; MDE pursuant to COMAR 26.23 (Non-tidal Wetlands) and Section 401 of the Clean Water Act; MDE for construction on non-tidal waters of the State pursuant to COMAR 26.17.04; MDE pursuant to COMAR 26.24 (Tidal Wetlands); and Review applications for compliance with these regulations after all information required by the Floodplain Administrator has been received.

The Floodplain Administrator shall make periodic inspections of development permitted in special flood hazard areas, at appropriate times throughout the period of construction in order to monitor compliance. Such inspections may include: Wall Check inspection, to determine location on the site relative to the flood hazard area and designated floodway. Foundation inspection, upon placement of the lowest floor and prior to further vertical construction, to collect information or certification of the elevation of the lowest floor. Inspection of enclosures below the lowest floor, including crawl/underfloor spaces, to determine compliance with applicable provisions. Utility inspection, upon installation of specified mechanical and electrical equipment and appliances, to determine appropriate location with respect to the base flood elevation. Final inspection prior to issuance of the Certificate of Occupancy.

Pursuant to the Agreement to Submit an Elevation Certificate submitted with the application as required, the permittee shall have an Elevation Certificate prepared and submitted prior to final inspection and issuance of a Certificate of Occupancy for elevated structures and manufactured homes, including new structures and manufactured homes, substantially-improved structures and manufactured homes, and additions to structures and manufactured homes.

Establishment of the County Floodplain and Danger Reach: The Department shall establish as the County floodplain areas of the County that are subject to inundation by the 1-percent annual chance (100-year) flood and shall delineate these areas on the official floodplain maps that shall be prepared and maintained in force as part of this Division. Where flood elevations have been defined, the County floodplain shall be determined based on 1-percent annual chance (100-year) flood elevations rather than the area graphically delineated on the official floodplain maps. Area included. The County floodplain shall include all of the following areas: 1-percent annual chance (100-year) floodplain as determined by FEMA, including all of the following FEMA subcategories (also found in the Definitions section): Zone A; Zone AE and Zone A1-30; Zone AH and Zone AO; and Zone VE and Zone V1-30. Special flood hazard areas, as defined herein and identified by the County. Wetland floodplains - areas of wetland subject to inundation by the 1-percent annual (100-year) flood. Area delineated by approved County Comprehensive Watershed Management Plans and supporting data to be subject to the 1-percent annual (100-year) flood or determined to be subject to the 100-year flood by any other floodplain study approved by the County. Areas delineated by any other floodplain studies prepared using the County's GIS-based floodplain models. Danger reach of a dam - The applicant shall define the area that will be flooded when a dam has been breached by flood waters, as established by using the latest methodology of the Maryland Department of the Environment. The danger reach limits are to be shown on the 1-percent annual chance (100-year) floodplain delineation mapping and labelled as danger reach limits. Danger reach limits that extend beyond the 1-percent chance (100-year) floodplain limits are not considered to be included in the 1-percent chance (100-year) floodplain area. Floodplain buffer area - where proposed development is associated with a stream or tributary and the limits of the floodplain cannot be accurately determined because of the lack of detailed floodplain data and analysis or because of unknown effects of future development in the watershed, the Department may require that an approximated floodplain boundary and a floodplain buffer be established and maintained as part of the development. The floodplain buffer is twenty-five (25) feet, measured outside the approximated 1-percent annual chance (100-year) floodplain delineation. The floodplain buffer is considered part of the 1-percent annual chance (100-year) floodplain delineation and it is included in the floodplain easement. Areas excluded - areas associated with a watercourse having a drainage area less than fifty (50) acres of watershed may be excluded, from the County 1-percent annual chance (100-year) floodplain, subject to the approval of the Department. Sources - the County shall use the following sources for identifying the floodplain: The effective FEMA Flood Insurance Study for Prince George's County, Maryland; The most current FEMA Flood Insurance Rate Maps; Approved County comprehensive watershed management plans; Other floodplain studies approved by the County; and Other floodplain studies prepared by the County or its designee using the County's GIS-based floodplain models. Where conflicting elevations are found among the above sources, the highest elevation shall govern, including the appropriate freeboard. Revisions of the County floodplain: The Department may amend the limits of the County floodplain to reflect the effect of specified flood protection measures recommended in adopted County watershed plans that have been included in an adopted Prince George's County Capital Improvement Program (CIP) for planning, design and construction, and for which the County has all necessary federal and state permits, construction has been completed, and an as-built certification has been issued. However, the County floodplain may not be based upon flood elevations lower than shown on the effective FEMA map until concurrence in the lowered elevations has been received from FEMA in accordance with applicable federal regulations. The County floodplain limits shall be amended by the Department where studies or information provided by a qualified agency or person document the need or possibility for such revision. Where there are no available studies, or where existing studies have been determined by the Department to be inadequate, a new study of the area shall be required. All such floodplain studies shall be performed in accordance with the Department's requirements and criteria, which shall include, without limitation: System within the drainage basin either existing or included in an adopted County CIP for planning, design and construction and, for which the County has all necessary federal and state permits, and construction has been completed; and Future land use based on existing zoning or based on adopted or approved master plans, or sectional map amendments, whichever best reflects future land use in the opinion of the County. Revisions to the floodplain that reflect changes, including but not limited to constructed grading, road crossings, culverts, dams, embankments, bridges, changes in channel lining or vegetative cover. FEMA Floodplain Modification: Any proposed reduction or modification to any area of the County identified by FEMA as part of the 1-percent annual chance (100-year) floodplain must have the approval of FEMA, as outlined in the NFIP regulations. Proposed modifications, including modifications based on existing conditions, proposed construction, or as built conditions, must first be submitted to the Department and the Prince George's County Department of the Environment for review, and the Department's recommendation on the proposed modification shall be transmitted to FEMA with a copy to the submitter. Any proposed development in the FEMA floodplain, which may result in any increase or decrease in base flood elevations or change to the FEMA floodplain boundaries, must be modeled and submitted to the Department and the Prince George's County Department of the Environment for review. If the proposed encroachment causes the base flood elevation to increase by more than one (1) foot at any point within the community, the permit must be submitted to and approved by FEMA for a Conditional Letter of Map Revision (CLOMR) prior to the issuance of a permit. A CLOMR is required for any encroachment in the FEMA Floodway that would result in an increase in the base flood elevation. An applicant must submit a Letter of Map Revision (LOMR) to FEMA once a project has been completed. A LOMR is required for any project that results in any change in the floodplain elevation of a half a foot or greater, and any project that results in any change in the floodplain limit that is scaleable on the FEMA maps. Hydrologic and hydraulic analysis based on the effective FEMA floodplain models must be performed in accordance with standard engineering practices and certified by a registered professional engineer and must be submitted to FEMA for approval. Failure to receive an approval letter from FEMA shall be grounds for denial of the permit. The Department shall notify the Federal Insurance Administrator of revisions to the FEMA floodplain within six (6) months after the date of completion of the modification by submitting technical and scientific data in accordance with 44 Code of Federal Regulations, Part 65. All revisions and modifications of the FEMA floodplain shall be subject to the review and approval by FEMA, the Department and the Prince George's County Department of the Environment. The Department shall provide the County floodplain maps to the public, upon request.

Within the County floodplain, no development shall be permitted except as provided in Subsection (b) unless a waiver is obtained from the Department which permits such development. Permitted Development. The following development shall be permitted: The modification, alteration, repair, reconstruction, or improvement of a structure which does not constitute substantial improvement to the structure (including improvements to historic structures which do not affect the exterior dimensions). The improvements shall be elevated and/or flood proofed to the greatest extent possible. The elevation of the lowest floor shall be at or above the flood protection elevation or for dry flood proofing shall extend flood proofing one (1) foot above the flood protection elevation in accordance with the U.S. Army Corps of Engineers flood proofing regulations. Private and public utilities and facilities which conform to the construction, design, and flood proofing requirements of this Division. Private or public streets crossing the floodplain, in compliance with County Road Code Subtitle 23-136. Stormwater management facilities. Small projections leading off of the floodplain which would be enclosed by storm drainage pipes. In areas of shallow flooding (Zone AO), the lowest floor (including basements) shall be elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM, plus two (2) feet. Fill for proposed public and private roads and access driveways - Compensatory storage and conformance with waiver requirements as described in Section 32-206 of the County Code is not required and is subject to the requirements of the Prince George's County Stormwater Management Design Manual. Easements: All areas within the County floodplain shall be dedicated to public use or for use as a park, or as a floodplain or conservation easement, whichever is appropriate; the dedication or easement shall meet the County requirements for form and content and shall be recorded among the Land Records of the County. The easement requirement may be waived when, in the opinion of the Department, the waiver would not compromise any public or private interests including the rights of the landowners, safety, and environmental protection; would not conflict with any Federal, State or County laws; and the establishment of an easement would constitute an unreasonable hardship on the applicant. A waiver of an easement may be granted only if the Department finds that the applicant has demonstrated the following: The property is already essentially developed and occupied by the applicant; or The proposed disturbed area is less than twenty percent (20%) of the total area of a single residential lot; and The floodplain is clear of proposed improvements, including access roads, to the extent the floodplain area is not used in conjunction with the proposed improvements; and The floodplain is not likely to increase in the future nor would it be damaged by continuing stream flows or flooding that may be caused, in part, by the existence of downgraded or upgraded public storm drain systems or stormwater management facilities. Obstructions: Fences and other matters or enclosures which may impede, retard, or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that are placed where the natural flow of the stream or flood waters would carry such impediments downstream to the damage or detriment of either public or private property in or adjacent to the floodplain shall not be permitted without a waiver and permit as provided in this Division. Minimize Floodplain Disturbance: All development shall be designed to minimize floodplain disturbance and shall conform to all other applicable codes, ordinances, regulations, flood management, watershed management plans and the requirements of the permit programs of all applicable Federal, State and local governments. Lowest Floor and Setback Requirements: Any new or substantially improved residential or nonresidential structures, including manufactured homes, shall be located outside the floodplain and have the lowest floor and the surrounding ground elevated, by fill, to or above the flood protection elevation. Basements are not permitted. The elevation of the lowest floor shall be certified by a registered surveyor or professional engineer on the as-built plan or after the lowest floor is in place. All new structures in any subdivision shall be located outside the 1-percent annual chance (100-year) floodplain boundary. All residential structures shall be set back at least twenty-five (25) feet from the 1-percent annual chance (100-year) floodplain. For every activity in the floodplain, the conditions described below in subsections (g) and (h) below, and Section 32-206 of the County Code must be met. Cut and Fill: If floodplain storage is reduced because of the project, an equal amount of compensatory storage within the floodplain shall be provided. A site grading plan prepared by a professional engineer, showing a balance of cut-and-fill, shall be submitted. The limits of the floodplain before and after development shall be clearly shown on the site plan. Changes in Base Flood Elevation: A detailed floodplain analysis shall be conducted to indicate that the new floodplain can carry the discharge of the 1-percent annual chance (100-year) flood without increasing the water surface elevation at any point on other private or public property either upstream or downstream from or adjacent to the tract to be developed, unless such lands affected by an increase in water surface elevation are either acquired by the applicant or reserved through acquisition of suitable floodplain easements, provided such increases will not, in the determination of the Department, cause or aggravate damage to such properties and provided that the necessary waiver is granted. However, development shall not increase water surface elevation of the FEMA designated base flood more than one (1) foot at any point, unless the community first applies, then fulfills the requirements of a Conditional Letter of Map Revision (CLOMR). The floodplain analysis shall consider backwater conditions, ineffective flow areas, local obstructions and, where required by the Department partial or complete failure or obstruction of any culvert or enclosed storm drainage system. The new floodplain shall be designed to prevent detrimental erosion, overflow, or nuisance of any kind and shall ultimately discharge into a storm drain facility or a watercourse in accordance with County standards and procedures. Computations and Notifications: All proposals to offset the effects of development in the floodplain by construction of stream modifications shall be documented by an engineering study prepared by a professional engineer who fully evaluates the effects of such construction. The report shall use the 1-percent annual chance (100-year) flood and floodplain data prepared by FEMA, if applicable, and other County-approved watershed and floodplain studies. For permits that result in changes to the FEMA floodplain, evidence shall be provided that all adjacent communities and the Maryland Department of the Environment have been notified by certified mail regarding the proposed modification, as required for processing of a State of Maryland Waterway Construction permit. Copies of these notifications shall then be forwarded to FEMA's Federal Insurance Administration. The applicant or developer must conduct a study to assure that the 1-percent annual chance (100-year) flood carrying capacity within the altered or relocated portion of the watercourse in question will be maintained. If the development involves stormwater management facilities, the owner shall execute a declaration of covenants for stormwater management maintenance with the County, which shall be recorded in the Land Records.

In order to undertake any development in the County floodplain other than as permitted in Section 32-205(b) of the County Code, the applicant must obtain a waiver from the Director or the Director's designee. The request for waiver shall include: The information required for a permit for development as set forth in this Division; A statement explaining the need for the development, any public benefit to be derived, and the actions that will be taken to reduce the threat of any potential flooding, flood damage, or adverse environmental impacts; Plans and studies as required by the Department. The Name, address, and telephone number of the applicant and property owner; a legal description of the property; a parcel map; a description of the existing use; description of the proposed use; a site map showing the location of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, flood protection setbacks; and a description of the waiver sought; and If the application is for a waiver to allow the lowest floor (A Zones) or bottom of the lowest horizontal structural member (V Zones and Coastal A Zones) of a building or structure below the applicable minimum elevation required by these regulations, the application shall include a statement signed by the owner that, if granted, the conditions of the waiver shall be recorded on the deed of the property. Required plans and studies. The Department may require plans and studies to be submitted. All studies shall be subject to approval by the Department. All studies and calculations furnished to satisfy this provision shall become the property of the County and may be used by the County for reviewing other development or for other purposes. The request for a waiver shall include all necessary documentation, including analysis of hydrology and hydraulic requirements, as defined in the Prince George's County Stormwater Management Design Manual (latest edition) for technical analysis by the Department. The Director shall grant a waiver only upon determining that: There is good and sufficient cause that is based solely on the physical characteristics of the property and cannot be based on the character of the improvement, the personal characteristics of the owner/inhabitant, or local provision that regulate standards other than health and public safety; The granting of the waiver will not result in additional threats to public safety, or other adverse impacts on other public or private property either upstream, downstream or adjacent to the subject property; The granting of the waiver will not result in fraud or victimization of the public; The waiver is the minimum necessary, considering the flood hazard, to afford relief to the owner, and public funds shall not be expended to mitigate the results of the waiver; The development will not violate other Federal, State or local laws or regulations; The waiver does not violate the purpose and intent of this Division; The failure to grant the waiver would result in exceptional hardship due to the physical characteristics of the property. A building, structure or other development is protected by methods to minimize flood damages; and A waiver is the minimum necessary to afford relief, considering the flood hazard. Waivers will not be granted for any filling, or the construction or placement of any structures or obstructions which will ultimately be located in the FEMA-designated Floodways. Within the floodplain, waivers shall not be granted for any new structures, the lowest floors of which are below flood protection elevations. If granted, a waiver shall involve only the least modification necessary to provide relief. If it should become necessary to grant a waiver, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program regulations (60.3d) including the requirements for elevation, flood proofing and anchoring. The applicant must also comply with any other requirements considered necessary by the Department. Notwithstanding any of the provisions above, all structures shall be designed and constructed so as to have the capability of resisting the 1-percent annual chance (100-year) flood. Flood proofing is not an option in residential construction. All residential structures must be elevated. A record of all waiver actions, including justifications for their issuance, shall be maintained by the Department, shall be included in a bi-annual report submitted to the Federal Insurance Administrator, and shall be available upon request by FEMA or its authorized agent during periodic assessments of the County participation in the National Flood Insurance Program. As a condition of the waiver, the owner of the property being developed shall be required to execute covenants to provide notice of the waiver, the potential for higher insurance premium rates, commensurate with the increased risk (with rates up to $25 per $100 of insurance coverage), the flood hazard, and any responsibilities of the owner to maintain flood proofing or stream modification facilities or systems, which covenants shall be recorded among the Land Records of the County. Where there will be enclosed areas below the 1-percent annual chance (100-year) flood elevation, the owner shall provide a statement to be recorded in the Land Records of the County which reads, "No conversion of this area to habitable space is to occur unless the lowest floor is elevated at or above the flood protection elevation. At this site the flood protection elevation is _______ in _______ (datum)." All construction within the floodplain must indicate whether any portion of the site lies within the danger reach of any existing or planned upstream dams. For information on danger reach, please refer to Prince George's County Soil Conservation District Soil Erosion and Sediment Control Pond Safety Reference Manual (PGSCD Reference Manual). Considerations for Waiver. The Director shall consider and make findings of fact on all evaluations, all relevant factors, requirements specified in other sections of these regulations, and the following factors: The danger that materials may be swept onto other lands to the injury of others; The danger to life and property due to flooding or erosion damage; The susceptibility of the proposed development and its contents (if applicable) to flood damage and the effect of such damage on the individual owner; The importance of the services to the community provided by the proposed development; The availability of alternative locations for the proposed use which are not subject to, or are subject to less flooding or erosion damage; The necessity to the facility of a waterfront location, where applicable, or if the facility is a functionally dependent use; The compatibility of the proposed use with existing and anticipated development; The relationship of the proposed use to the comprehensive plan and hazard mitigation plan for that area; The safety of access to the property in times of flood for passenger vehicles and emergency vehicles; The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; The costs of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and The comments provided by the Department and/or the MDE.

All development permitted in the County Floodplain shall comply with the following minimum standards where applicable. In general, all new construction and substantial improvements which are permitted in the floodplain by waiver pursuant to this Division shall be: Designed (or modified) and adequately connected and anchored to prevent flotation, collapse, or lateral movement of the structure due to structural loads and stresses, including hydrodynamic and hydrostatic loads and the effects of buoyancy, from flooding equal to the flood protection elevation or the elevation required by these regulations or the building code, whichever is higher, and constructed to safely support flood loads. The construction shall provide a complete load path capable of transferring all loads from their point of origin through the load-resisting elements to the foundation; Constructed and placed on the lots so as to offer the minimum obstruction to the flow and height of the flood water; Constructed with materials and utility equipment resistant to flood damage; and Constructed by methods and practices that minimize flood damage and adverse environmental impacts. The elevation of the lowest floor of all new or substantially improved structures, except for garages, storage and accessory structures, which are less than three hundred (300) square feet and not used for human habitation, shall be at or above the flood protection elevation. Basements in buildings within the floodplain as herein defined are prohibited. Enclosures below the lowest floor. New construction, substantial improvements and manufactured homes with fully enclosed areas below the lowest floor, including but not limited to enclosures that are surrounded by rigid skirting or other material that is attached to the frame the frame of foundation, crawl spaces, solid footings and continuous foundations, shall be vented to equalize hydrostatic pressure by permitting the free entry and exit of floodwaters and shall include the following as a minimum: At least two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; The bottom of all openings shall be no higher than one foot above the interior floor, or the exterior grade immediately below the opening; Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and The owner shall include a statement on the building plans which states: "No conversion of this area to habitable space is to occur unless the lowest floor is elevated at or above the flood protection elevation. At this site the flood protection elevation is _______ in _______ (datum)." Accessory structures. The new construction or substantial improvement of garages, storage sheds and similar accessory structures shall meet the requirements set forth in Paragraph (3), above. Accessory structures should be constructed with flood damage-resistant materials if it is below the base flood elevation, and constructed and placed to offer the minimum resistance to the flow of floodwaters. Storage. Storage for materials that are buoyant, flammable, explosive, or that in times of flooding could be injurious to human, animal or plant life shall not be constructed or permitted below the flood protection elevation. Fill. Where allowed, fill material shall comply with the requirements of Sections 32-156 through 32-158 of this Subtitle. Fill slopes shall be no steeper than one (1) vertical to two (2) horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the County. Fill shall be used only to the extent to which it does not adversely affect adjacent properties. Disposal of fill, including but not limited to earthen soils, rock, rubble, construction debris, woody debris, and trash, shall not be permitted in special flood hazard areas. Fill shall not be placed in Coastal A Zones or coastal high hazard areas (V Zones). Landscape design. Where permitted, disturbance or removal of the natural vegetation in the floodplain shall be avoided or minimized. Adequate ground cover shall be provided for soil stabilization. Design of land contours and choice of plant materials shall direct surface runoff away from structures and shall not increase surface runoff onto neighboring properties. Electrical and plumbing systems. All new or substantially improved structures which are permitted in the floodplain based upon a waiver shall have electrical systems, equipment and components, and mechanical, heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment located at or above the flood protection elevation or V Zones and Coastal A Zones: The bottom of the lowest horizontal structural member that supports the lowest floor shall be located at or above the base flood elevation. Basement floors that are below grade on all sides are prohibited. These structures shall have electrical systems, equipment and components, and mechanical, heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment located at or above the elevation of the lowest floor. Electrical wiring systems are permitted to be located below elevation of the lowest floor provided they conform to the provisions of the electrical part of the building code for wet locations. If replaced as part of a substantial improvement, electrical systems, equipment and components, and heating, ventilation, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall meet the requirements of this Section. The space below an elevated building shall either be free-of-obstruction or, if enclosed by walls, shall meet the requirements of paragraph (a)(3) of this Section. No electrical distribution panels shall be permitted at an elevation less than three (3) feet above the elevation of the 1-percent annual chance (100-year) flood. Public and private utilities. The design, placement and construction of all public and private utilities and facilities shall meet the following requirements: New or replacement water supply systems and/or sanitary sewage systems shall be designed and flood proofed to eliminate or minimize infiltration of flood waters into the systems and discharges from the systems into the flood waters, and to avoid impairment during flooding and to minimize flood damage. On-site waste disposal systems shall be located to avoid impairment to or contamination from infiltration during conditions of flooding. Cesspools and seepage pits are prohibited. Septic tanks are permitted provided they are securely anchored to resist buoyant forces during inundation. All pipes connected to sewage systems shall be sealed to prevent leakage. All gas, electrical and other facility and utility systems shall be located, constructed and flood proofed to eliminate or minimize flood damage. The following applies to gas and liquid storage tanks: Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Above-ground tanks in flood hazard areas shall be anchored to a supporting structure and elevated to or above the base flood elevation, or shall be anchored or otherwise designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. In flood hazard areas, tank inlets, fill openings, outlets and vents shall be: At or above the base flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. All new storm drainage facilities within and leading to or from the County floodplain shall be adequately designed, and installed to eliminate or minimize property damage resulting from the flood waters of the 1-percent annual chance (100-year) flood and to minimize adverse environmental impacts of their installation and use. Recreational vehicles located within the floodplain may be exempted from the elevation and anchoring requirements provided they are: Located on the site less than 180 consecutive days per year; Fully licensed and ready for highway use; and Properly permitted. A recreational vehicle is ready for highway use if it is on its wheels and jacking system, is attached to the site by quick disconnect type utilities and securing devices, and has no permanently attached additions. If it cannot meet all of these criteria, the recreational vehicle must be considered a manufactured home and is subject to the elevation and construction standards of this Subtitle. All notice of the flood hazard and the waiver action shall be placed on the deed or other title document of the property on which the waiver is granted.

Subdivision and development proposals shall be reviewed by the Department of Permitting, Inspections and Enforcement to must address the following requirements: Subdivision proposals and development proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations. Subdivision proposals and development proposals shall have utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. Subdivision proposals and development proposals shall have adequate drainage paths provided to reduce exposure to flood hazards and to guide floodwaters around and away from proposed structures. Subdivision proposals and development proposals containing at least five (5) lots or at least five (5) acres, whichever is the lesser, that are wholly or partially in flood hazard areas where base flood elevation data are not provided by the Floodplain Administrator or available from other sources, shall be supported by determinations of base flood elevations as required in Prince George's County Stormwater Management Manual. Proposed Subdivision access roads shall be designed to convey the 1-percent annual chance (100-year) storm with at least one (1) foot of freeboard from the 100-year backwater elevation to the ground elevation at the public right-of-way for closed section roadways, or to the edge of paving for an open section roadways, or to the bottom of a new bridge superstructure. If an existing access roadway is inundated by floodplain (6-inch inundation or more) due to the 1-percent annual chance (100-year) storm, such that the 1 foot of freeboard cannot be achieved, approval is required through a waiver process with the Director or the Director's designee. In special flood hazard areas of non-tidal waters of the State: Subdivision proposals shall be laid out such that proposed building pads are located outside of the special flood hazard area and any portion of platted lots that include land areas that are below the base flood elevation shall be used for other purposes, deed restricted, or otherwise protected to preserve it as open space. In special flood hazard areas of non-tidal waters of the State: Subdivision access roads shall have the driving surface at or above the base flood elevation.

Repair, alteration, addition, rehabilitation, or other improvement of historic structures shall be subject to the requirements of these regulations if the proposed work is determined to be a substantial improvement, unless a determination is made that the proposed work will not preclude the structure's continued designation as a historic structure. The Floodplain Administrator or designee may require documentation of a structure's continued eligibility and designation as a historic structure.

New or substantially improved manufactured homes shall not be placed or installed in floodplain, floodways or coastal high hazard areas (V Zones). New manufactured homes located outside of floodplains and floodways and coastal high hazard areas (V Zones), replacement manufactured homes in any flood hazard areas, and substantial improvement (including repair of substantial damage) of existing manufactured homes in all flood hazard area, shall: Be elevated on a permanent, reinforced foundation in accordance with this ordinance, as applicable to the flood zone; and Be installed in accordance with the anchor and tie-down requirements of the building code or the manufacturer's written installation instructions and specifications.

Critical and essential facilities shall: Not be located in coastal high hazard areas (V Zones), Coastal A Zones or floodways. If located in flood hazard areas other than coastal high hazard areas, Coastal A Zones and floodways, shall be elevated to the flood protection elevation or higher.

In addition to the application requirements, applications for the placement or erection of temporary structures and the temporary storage of any goods, materials, and equipment, shall specify the duration of the temporary use. Temporary structures and temporary storage in the floodplain shall meet the limitations of these regulations. In addition: Temporary structures shall: Be designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic loads and hydrostatic loads during conditions of the base flood; Have electric service installed in compliance with the electric code; and Comply with all other requirements of the applicable State and local permit authorities. Temporary storage shall not include hazardous materials.

Applications for functionally dependent uses that do not conform to the requirements of these regulations shall be approved only through a waiver. If approved, functionally dependent uses shall be protected by methods that minimize flood damage during the base flood, including measures to allow floodwaters to enter and exit, use of flood damage-resistant materials, and elevation of electric service and equipment to the extent practical given the use of the building.

For proposed development that will encroach into a designated floodway, the applicant is required to submit an evaluation of alternatives to such encroachment, including different uses of the site or the portion of the site within the floodway, and minimization of such encroachment. This requirement does not apply to fences that do not block the flow of floodwaters or trap debris. Proposed development in a designated floodway may be permitted only if: The applicant has been issued a permit by MDE; and The applicant has developed hydrologic and hydraulic engineering analyses and technical data prepared by a licensed professional engineer reflecting such changes, and the analyses, which shall be submitted to the Floodplain Administrator, demonstrate that the proposed activity will not result in any increase in the base flood elevation; or If the analyses demonstrate that the proposed activities will result in an increase in the base flood elevation, the applicant has obtained a Conditional Letter of Map Revision and a Letter of Map Revision from FEMA upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.

Construction of roads, bridges, culverts, dams and in-stream ponds in non-tidal waters of the State shall not be constructed unless they comply with this section and the applicant has received a permit from MDE.

For any proposed development that involves alteration of a watercourse the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, including the floodplain analysis, and submit such technical data to the Floodplain Administrator. This shall also be submitted to FEMA for projects that affect a FEMA established 1-percent annual chance (100-year) floodplain. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and fees shall be the responsibility of the applicant. Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following: A description of the extent to which the watercourse will be altered or relocated; A certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished; Evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that such notifications have been submitted to FEMA, for projects that affect a FEMA established 1-percent annual chance (100-year) floodplain; and Evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the applicant to enter into an agreement with Prince George's County specifying the maintenance responsibilities; if an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners.

A horizontal addition proposed for a building or structure that was constructed after the date specified in Section 32-202 of the County Code shall comply with the applicable requirements of Section 32-207 of the County Code and this section. In non-tidal waters of the State that are subject to the regulatory authority of MDE, all horizontal additions shall comply with the applicable requirements of Section 32-207 of the County Code and this Section and: If the addition is structurally connected to the base building, the requirements of paragraph (c) apply. If the addition has an independent foundation and is not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance. For horizontal additions that are structurally connected to the base building: If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Section 32-207 of the County Code and this section. If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Section 32-207 of the County Code and this section. For horizontal additions with independent foundations that are not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance. A horizontal addition to a building or structure that is not substantial improvement, and is not located in nontidal waters of the State, is not required to comply with this section.

General Requirements: In addition to the general requirements pursuant to Section 32-207 of the County Code, for any development and construction in the coastal and wetland floodplains shall also meet the following requirements: Apply in flood hazard areas that are identified as coastal high hazard areas (V Zones) and Coastal A Zones (if delineated). Apply to all development, new construction, substantial improvements (including repair of substantial damage), and placement, replacement, and substantial improvement (including repair of substantial damage) of manufactured homes. Exception: In Coastal A Zones, the requirements of Section 32-207 of the County Code shall apply to substantial improvements (including repair of substantial damage), and the substantial improvement of manufactured homes (including repair of substantial damage) and replacement manufactured homes. The development shall be subject to the provisions of this Code regulating development in the Chesapeake Bay Critical Areas. In the wetland floodplain the following regulations shall apply: The Department shall obtain, review and reasonably utilize any wetlands classification data available from a Federal, State or other source to determine the boundaries and characteristics of the wetland floodplain. When the boundary of the wetland floodplain is unknown, obscure, or undefined, the applicant shall evaluate each site to determine the actual extent of wetlands. Except where specifically allowed by the Department and the Maryland Department of the Environment and the U.S. Army Corps of Engineers, the following shall be prohibited: Filling, dumping or excavating of any kind; Drainage or alteration of the natural drainage and circulation of surface or ground waters; and Removal of natural vegetation. The Department may approve development or construction upon determining that the proposed uses: Require access to water or wetlands, or are water dependent; Have no prudent or feasible alternative site which does not involve wetland areas; Will result in minimum feasible alteration or impairment to wetland functional characteristics and existing contour, vegetation, fish and wildlife resources and hydrologic conditions of the wetland area; and Meet all applicable regulations of Subtitle 5B when located in the Chesapeake Bay Critical Area Overlay Zone.

The placement of structural fill for the purpose of elevating buildings is prohibited. Buildings shall be located landward of the reach of mean high tide. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Site preparations shall not alter sand dunes unless an engineering analysis demonstrates that the potential for flood damage is not increased.

New structures and substantial improvement (including repair of substantial damage) of existing structures shall comply with the applicable requirements of Section 32-207 of the County Code and the requirements of this Section. Foundations: Structures shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by applicable building codes. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of structures and their foundations to prevent transfer of flood loads to the structures during conditions of flooding, scour, or erosion from wave-velocity flow conditions, and shall be designed to minimize debris impacts to adjacent properties and public infrastructure. Elevation Requirements: The bottom of the lowest horizontal structural member that supports the lowest floor shall be located at or above the flood protection elevation. Basement floors that are below grade on all sides are prohibited. The space below an elevated building shall either be free-of-obstruction or, if enclosed by walls, shall meet the requirements of paragraph (d) below. Certification of Design. As required in Section 32-204 of the County Code, the applicant shall include in the application a certification prepared by a licensed professional engineer or a licensed architect that the design and methods of construction to be used meet the requirements of Section 32-208.03(c) and (d), and the building code. Enclosures Below the Lowest Floor: Enclosures below the lowest floor shall be used solely for parking of vehicles, building access or limited storage; Enclosures below the lowest floor shall be less than two hundred ninety-nine (299) square feet in area (exterior measurement); Walls and partitions are permitted below the elevated floor, provided that such walls and partitions are designed to break away under flood loads and are not part of the structural support of the building or structure; Electrical, mechanical, and plumbing system components shall not be mounted on or penetrate through walls that are designed to break away under flood loads; Walls intended to break away under flood loads shall be constructed with insect screening or open lattice, or shall be designed to break away or collapse without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Such walls, framing and connections shall have a design safe loading resistance of not less than 10 pounds per square foot and no more than twenty (20) pounds per square foot; or Where wind loading values of the building code exceed twenty (20) pounds per square foot, the applicant shall submit a certification prepared and sealed by a licensed professional engineer or licensed architect that: The walls and partitions below the lowest floor have been designed to collapse from a water load less than that which would occur during the base flood. The elevated portion of the building and supporting foundation system have been designed to withstand the effects of wind and flood loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood; wind loading values used shall be those required by the building code. In Coastal A Zones, in addition to the requirements of this section, walls below the lowest floor shall have flood openings that meet the requirements of Section 32-207 of the County Code.

A horizontal addition proposed for a building or structure that was constructed after the date specified in Section 32-202 of the County Code shall comply with the applicable requirements of Section 32-207 of the County Code and this Section. For horizontal additions, whether structurally connected or not structurally connected, to the base building: If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Section 32-207 of the County Code and this Section. If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Section 32-205 of the County Code and this section. Note: The base building is required to comply otherwise it is an obstruction that does not comply with the free-of-obstruction requirement that applies to the elevated addition under Section 32-208 of the County Code. A horizontal addition to a building or structure that is not substantial improvement is not required to comply with this section.

Accessory structures shall be limited to not more than three hundred (300) square feet in total floor area. Accessory structures shall comply with the elevation requirements and other requirements of Section 32-208 of the County Code or, if not elevated, shall: Be useable only for parking of vehicles or limited storage; Be constructed with flood damage-resistant materials below the base flood elevation; Be constructed and placed to offer the minimum resistance to the flow of floodwaters; Be anchored to prevent flotation; Have electrical service and mechanical equipment elevated to or above the base flood elevation; and If larger than one hundred (100) square feet in size, have walls that meet the requirements of Section 32-208, as applicable for the flood zone; and if located in Coastal A Zones, walls shall have flood openings that meet the requirements of Section 32-207.

Decks and Patios: In addition to the requirements of the building code or the residential code, decks and patios shall be located, designed, and constructed in compliance with the following: A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the flood protection elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. A deck or patio that is located below the flood protection elevation shall be structurally independent from structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during base flood conditions or to break apart into small pieces that will not cause structural damage to adjacent elevated structures. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill that is necessary for site drainage shall not be approved unless an analysis demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent elevated structures. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave run-up and wave reflection. Other Development: Other development activities shall be permitted only if located outside the footprint of, and not structurally attached to, structures, and only if an analysis demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection onto adjacent elevated structures. Other development includes but is not limited to: Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; Solid fences, privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under base flood conditions; and Mounded septic systems.

A permit is required for all development (including, but not limited to, construction of and/or substantial improvements to buildings and structures, placement of manufactured homes or buildings, fill, temporary development, new or replacement infrastructure, or any combination thereof) in the floodplain. However, for a development associated with a watercourse having a drainage area of less than 50 acres, a detailed floodplain study may be waived, subject to the approval of the Department. An application for a permit shall be submitted to the Department. The application shall be part of the application for a building or grading permit when such a permit is otherwise required for the proposed development. The following additional information shall be required, where applicable: If the development includes any grading, new construction, or exterior modifications to existing structures, a site grading plan prepared by a professional engineer or architect showing: the size and location of the proposed development and any existing buildings or structures; the location, dimensions and elevation in mean sea level of the site in relation to the stream channel, shoreline and the floodplain; the elevations of the 1-percent annual chance (100-year) flood, the existing and proposed final grading and the lowest floor elevations of all structures; the method of elevating the proposed structure, including proposed fill, retaining walls, foundations, erosion protection measures; and such other information as may be required by the Department. For substantial improvement to existing structures, a summary description of the proposed work and estimated cost. New construction or substantial improvements of nonresidential structures within the floodplain shall be certified by a professional engineer or a licensed architect, through the execution of a Flood Proofing Certificate that states that the design and methods of construction meet the requirements of this section. A Flood Proofing Certificate shall be submitted with the construction drawings. A plan showing the location of all existing and proposed public and private utilities, facilities, drainage structures and road access. If the 1-percent annual chance (100-year) flood elevation has been determined, it shall be delineated on the proposed plan. For all proposals associated with a watercourse having a drainage area of fifty (50) acres or more, the Department shall approve the 1-percent annual chance (100-year) flood elevation using floodplain models and the applicant shall delineate it on the proposed plan. Private consultant engineering studies and studies using the County's GIS-based floodplain models will be accepted by the Department. In addition, field survey information of structures, within the floodplain, as may be required by the County to complete the study, shall be supplied by the applicant. For all proposals associated with a watercourse having a drainage area of fifty (50) acres or less, the delineation of the 1-percent annual chance (100-year) flood may be excluded upon the approval of the Department. All plans shall be certified by a professional engineer. The application shall be reviewed by the Department to assure that: The proposed development is consistent with the construction and design requirements of this Division; Adequate drainage is provided to reduce exposure to flood hazards; The plans provide at least one access which will permit safe vehicular ingress and egress from the subdivision and/or new development during the 1-percent annual chance (100-year) flood; Adequate measures have been taken to minimize any potential adverse environmental impacts of the proposed development; and The development complies with the requirements of this Division and all other applicable codes and ordinances. No construction or development will occur until all other Federal, State and local permits and approvals have been obtained. During the construction period, the Department shall inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable laws and ordinances. The premises shall also be subject to inspection by the Maryland Department of the Environment. In the event that the Department determines that the work is not in compliance with the permit or all applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, the Department shall report such fact to the Maryland Department of the Environment for whatever action it considers necessary as well as pursuing compliance as provided under this Division and Subtitle. A use and occupancy permit shall not be approved until the Department has been provided with a completed elevation certificate prepared by a registered land surveyor or engineer certifying the "as-built" elevation of the subject construction. A record or log of permits issued for development in the County floodplain shall be maintained by the Department and shall be available upon request to FEMA or its authorized agent (the Maryland Department of the Environment) during periodic assessments of the County participation in the National Flood Insurance Program. Such record shall include at a minimum the date the permit was issued, the "as-built" lowest floor elevation of all new construction or substantial improvement, the issuance date of the use and occupancy permit, a copy of the completed elevation certificate, and any map amendments issued by FEMA.

A person aggrieved by a decision of the Department under this Division may file an appeal in writing with the Board of Appeals for Prince George's Department within ten (10) days of receiving notice of the Department's decision. The Board may reverse, modify or remand the decision of the Department only if the decision of the Department is clearly erroneous, illegal, arbitrary or capricious or unsupported by any substantial evidence. The Board shall not have the authority to issue an order which is in conflict with a lawful order of the Department, the requirements and provisions of this Division, or the Federal or State floodplain regulations. Further appeals shall be to the Circuit Court pursuant to the Maryland Rules on Administrative Appeals.

Compliance Required. The Department may issue a notice of violation to any person, firm, association or corporation who fails to comply with the standards and requirements of this Division for construction or development in the floodplain, which notice may provide a reasonable time in which to comply. Any person who fails to comply with a notice of violation or other lawful direction of the Director shall be subject to civil citation and a monetary fine pursuant to Section 28-261 of this Code. The Department shall promptly notify the Federal Insurance Administrator and the Maryland Department of the Environment of any structure or development in the floodplain which is in violation of this Division in order that new or renewal National Flood Insurance on the subject property may be denied or other appropriate remedies may be pursued by these agencies. Failure to obtain a permit shall be a violation of these regulations and shall be subject to penalties in accordance with this Section. Permits issued on the basis of plans and applications approved by the Department authorize only the specific activities set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction of such specific activities that are contrary to that authorization shall be deemed a violation of these regulations. Notice of Violation and Stop Work Order. If the Floodplain Administrator or designee determines that there has been a violation of any provision of these regulations, the Floodplain Administrator shall give notice of such violation to the owner, the owner's authorized agent, and the person responsible for such violation, and may issue a stop work order. The notice of violation or stop work order shall be in writing and shall: Include a list of violations, referring to the section or sections of these regulations that have been violated; Order remedial action which, if taken, will effect compliance with the provisions of these regulations; Specify a reasonable period of time to correct the violation; Advise the recipients of the right to appeal; and Be posted in a conspicuous place in or on the property and sent by registered or certified mail to the last known mailing address, residence, or place of business of the recipients. Violations and Penalties. Violations of these regulations or failure to comply with the requirements of these regulations or any conditions attached to a permit or waiver shall constitute a misdemeanor. Any person responsible for a violation shall comply with the notice of violation or stop work order. Failure to comply has following consequences. Any person who violates the provisions of this Division shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000) or imprisonment not exceeding six (6) months, or both, for each violation, with costs imposed at the discretion of the Court. Each day that the violation continues shall constitute a separate offense. The imposition of a civil or criminal fine or penalty for any violation or noncompliance with this Division shall not excuse the violator from the requirement to correct or remedy the violation within a reasonable time. The County Attorney may institute injunctive, mandamus or other appropriate action or proceedings at law or equity for the enforcement of this Ordinance, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief. Each day a violation continues shall be considered a separate offense. Nothing herein contained shall prevent Prince George's County from taking such other lawful action as is necessary to prevent or remedy any violation. The Department shall promptly notify the Federal Insurance Administrator and the Maryland Department of the Environment of any structure or development in the floodplain which is in violation of this Division in order that new or renewal National Flood Insurance on the subject property may be denied or other appropriate remedies may be pursued by these agencies.

Fees for GIS-Based Floodplain Studies: The fees for the County to conduct a floodplain study using the GIS-based floodplain models pursuant to this Subtitle shall be adopted by resolution of the Prince George's County Council. The County Executive shall propose and recommend to the County Council a schedule of fees that reflects the actual costs associated with conducting the study and administering and maintaining the GIS database and hardware needed for the models pursuant to the floodplain study.

The provisions of this Division shall constitute and be known as the "Nontidal Wetland Protection Ordinance" of Prince George's County, Maryland. Prince George's County has established a comprehensive program for the protection, conservation and regulation of nontidal wetlands. The goal of this program is to ensure no net loss of nontidal wetland acreage and function and to strive for a net resource gain in the County. This program is to be administered by the Department of Permitting, Inspections, and Enforcement under the provisions of this Ordinance. It is the intent of Prince George's County to protect the County's nontidal wetland resources through a comprehensive Countywide program in cooperation with State and Federal agencies. Through this program further degradation and losses of nontidal wetlands will be prevented wherever possible. Where losses are unavoidable, these losses will be offset through restoration or creation of nontidal wetlands. The provisions of this Ordinance are adopted pursuant to the Annotated Code of Maryland, Natural Resources Article, Section 8-1201, et seq., and Code of Maryland Regulations (COMAR) 08.05.04.22 and are subject to the provisions described therein.

Applicability of definitions. The definitions contained in Subtitle 32, Divisions 2 and 3 of this Code may apply to this Division and shall be supplemented by the definitions in Subsection (b) of this Section. Terms Defined. Wherever the following words are used in, or in conjunction with the administration of this Division, they shall have the meaning ascribed to them in this Section. Adaptive Vegetation - plant species which are not native but provide similar value to native species and grow successfully in Maryland. Adverse Impact - any diminishment of nontidal wetland acreage or function. Agricultural Activity - aquaculture and farming activities including plowing, tillage, cropping, seeding, cultivating, and the grazing and raising of livestock, sod production and other products cultivated as part of a recognized commercial enterprise, and harvesting for production of food and fiber products, excluding forest products. The definition includes tobacco, nursery stock, Christmas trees, aquaculture ponds, and other ponds used to conduct farming activities. Activities that result in a change to a land use other than agriculture are not agricultural activities. Structures or temporary storage areas related to sale of products are excluded from this definition. Agriculture - a land use dominated by the production of food, fiber, aquaculture or livestock, and other products cultivated as part of a recognized commercial enterprise. Applicant - a person who signs the Nontidal Wetland Concept Plan and Nontidal Wetland Permit Application. Aquaculture - the commercial rearing of finfish, shellfish and aquatic plants for sale, trade, barter or shipment. Aquaculture Facility - a pond, impoundment, raceway or tank and their associated structures essential for the purpose of aquaculture. Areas that have Lain Fallow - areas used for agriculture or forestry activities that are not in production for agriculture or forest products. Avoid - to refrain from conducting an activity that may adversely impact a nontidal wetland. Best Management Practices - conservation practices or systems of practices and management measures that: Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment; and Minimize adverse impacts to the surface water, groundwater flow, and circulation patterns, and to the chemical, physical and biological characteristics of a nontidal wetland. Bog - a nontidal wetland characterized by organic soils, accumulated peat, and soils saturated to the surface through the year with minimal fluctuation in water level. Buffer - a regulated area 25 feet in width surrounding a nontidal wetland, measured from the outer edge of the nontidal wetland. Clean Water Act - the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977 and later amendments (33 U.S.C. 1251, et seq.). Comprehensive Watershed Management Plan - a plan developed in cooperation with Federal, State and local agencies and approved by the County and Maryland Department of Natural Resources (MDNR) that addresses nontidal wetland protection, creation, restoration, enhancement, cumulative impacts, flood protection, water supply concerns and other natural resource elements for a specific area or region. Corps Delineation Manual - the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 and any subsequent amendments, which is incorporated by reference. Creation - actions performed which establish nontidal on upland sites. Critical Habitat - habitat necessary for the survival of threatened or endangered species, or species in need of conservation. Department - the Prince George's County Department of Permitting, Inspections, and Enforcement. Destruction or Removal of Plant Life that would alter the Character of a Nontidal Wetland: The physical removal of natural nontidal wetland vegetation; or Causing mortality of nontidal wetland vegetation by the application of herbicides, hydrologic alteration, or by other means. Director - the Director of the Prince George's County Department of Permitting, Inspections, and Enforcement or the designee of the Director. Discharge of Fill Material - the addition of fill material, from any source, into a nontidal wetland area. Activities that can result in the discharge of fill material include: Placement of fill necessary for the construction of any structure; Building or any structure or impoundment requiring rock, sand, dirt, or other materials for its construction; Site development fills for recreational, industrial, commercial, residential, and other uses; Causeways or road fills; Dams and dikes; Artificial islands; Property protection or reclamation devices, or both; Levees; and Fills for structures such as, and associated with, sewage treatment facilities and intake and outfall pipes. Disturbance of Water Level or Water Table - the alteration of the existing elevation of groundwater or surface water by: Adding or impounding a sufficient quantity of stormwater or water from other sources to modify the existing vegetation, values or functions of the nontidal wetlands; or Draining, ditching, or otherwise causing the depletion of the existing groundwater or surface water levels so that the activity would modify the existing vegetation. Drainage basin - an area drained by a river system. In Prince George's County this includes the Anacostia, Patuxent and Potomac drainage basins. Drainage of Nontidal Wetlands - methods used to change the hydrologic conditions of nontidal wetlands, including lowering groundwater or surface water levels through pumping, piping, ditching or otherwise altering water flow patterns. Emergent Nontidal Wetland - that portion of a nontidal wetland dominated by erect, rooted, herbaceous vegetation as the uppermost vegetation strata. Enhancement - those actions performed to provide additional protection to, or to create, or improve the functions of a nontidal wetland or other aquatic sites or resources. Excavation - to dig or remove soil, rocks or other materials resulting in a change in all or part of the elevation of a site. Expanded Buffer - a regulated area of 100 feet in width surrounding a non-tidal wetland, measured from the wetland boundary and established because of the presence of steep slopes, highly erodible soils, other soils with development constraints, or the presence of Nontidal Wetlands of Special State Concern. Extenuating Circumstances - conditions as defined in Section 32-220(e) and (g) requiring extension of a set time limit to process an application, render decision, or conduct a public informational hearing. Farmed Nontidal Wetland - an area of Nontidal Wetland that is presently tilled, grazed, or under conservation tillage for agricultural activities or is lying fallow and has been out of production for agricultural activities for less than five (5) consecutive years. FEMA Maps - the Flood Insurance Rate Maps (FIRM) and the Flood Boundary and Floodway maps of the County prepared by FEMA (Federal Emergency Management Agency) and any subsequent amendments. Fill - any materials placed in an area which alters the elevation of the site, groundwater level, or the soil surface. Floodplain or County Floodplain - includes all those areas within the County which will be inundated by the 100-year flood, as determined by FEMA and the County. Forested Nontidal Wetland - that portion of a nontidal wetland dominated by woody vegetation greater than 20 feet in height. Forestry Activity - planting, cultivating, thinning, harvesting or any other activity undertaken to use forest resources or to improve their quality or productivity. Activities that change nontidal wetlands to another land use, including but not limited to agricultural or development, are not forestry activities. Function includes, but is not limited to, the roles nontidal wetlands serve through: Reduction of pollutant loadings, including excess nutrients, sediment and toxics; Attenuation of floodwaters and stormwaters; Shoreline stabilization and erosion control; Breeding grounds and habitat for many species of plants and wildlife including fish, game and nongame birds and mammals, including threatened and endangered species and species in need of conservation; Food chain support; and Timber production. General Area - the geographic or market vicinity that has desired characteristics for fulfilling the basic project purpose. Grazing - feeding on grass or other herbaceous plants in fields. Hydric Soils - soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation as defined in the Corps Delineation Manual. Hydrologically Connected - a nontidal wetland: Contiguous to a watercourse, surface water body, tidal wetland or ditch drainage; Within or connected to any 100-year floodplain as determined by calculation or by FEMA Maps; Receives or discharges surface or groundwater as intermittent or perennial flow from or to a surface water body, watercourse or other tidal or nontidal wetland as demonstrated by the presence of an intermittent or perennial stream or spring flow; or Formerly contiguous to a surface water body, watercourse or a nontidal wetland described in subsection (b)(40)(A) through (C) above, but is presently separated from these areas by a man-made berm, fill, road or other structure. Hydrophyte - plant life adapted to growth and reproduction under periodically saturated root zone conditions during at least a portion of the growing season. A listing of these plants can be found in the "National List of Plant Species that Occur in Wetlands: 1988, Maryland," which is incorporated by reference. Initial Planning Phase - the period of time in which the feasibility of a project is evaluated before committing resources necessary for its implementation. In kind - a characteristic closely approximating those of a nontidal wetland before it was adversely impacted by a regulated activity. Intermittent Stream - those areas that are surface waters, contained within a defined channel or bed that flow at least once per year. A defined channel or bed is indicated by hydraulically sorted sediment, or the removal of vegetative litter, or loosely rooted vegetation by the action of moving water. Isolated Nontidal Wetland - a nontidal wetland that is not hydrologically connected through surface or subsurface flow to streams, tidal or nontidal wetlands or tidal waters. Landscape Management - to maintain or enhance vegetation that was planted or manipulated for aesthetic purposes. Landscape management includes mowing, pruning and private gardening, excluding agricultural activities. Landscape Management Area - an area predominately covered by grasses or herbaceous ground cover established and maintained for horticultural purposes. The landscape management area may include a lawn which contains trees, shrubs or other plants. Loss of Nontidal Wetland: Alteration of existing nontidal wetland vegetation or water levels that significantly impairs or eliminates its principal functions, but excluding; Forestry activities conducted in accordance with a Prince George's Soil Conservation District approved sediment and erosion control plan; Restoration; and Department or MDNR approved enhancement projects; or Alteration of an area so that it no longer meets the nontidal wetland definition. Maintenance - activities undertaken to prevent the deterioration, impairment, or need of a serviceable fill area, structure, right-of-way, or land use, which includes management of vegetation and replacement of structural components. Maintenance does not include the following activities, unless conducted in a temporary sediment control structure, wash pond or roadside ditch: Dredging; Excavating; or Filling. MDE - the Maryland Department of the Environment, Standards and Certification Division. MDNR - the Maryland Department of Natural Resources, Water Resources Administration, Nontidal Wetlands Division. Minimize - to reduce the adverse impact on a nontidal wetland to the greatest practicable and reasonable degree. Mitigation - creation, restoration, or enhancement of nontidal wetlands that were or will be lost due to regulated activities. Mitigation Bank - an area approved by the Department and used for wetland mitigation projects required for future wetland impacts, usually from multiple projects, and operated using a system of credits and debits based on acreage or functions as specified by the Department. Mitigation Banking - wetland restoration, creation, or enhancement undertaken expressly for the purpose of providing compensation credits for wetland losses from future activities. Nontidal Wetland - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and is determined according to the Corps Delineation Manual. Nontidal Wetland Concept Plan - a pre-application review process used to provide the applicant with information about the presence of nontidal wetlands to determine: if there are any potential adverse impacts on nontidal wetlands as a result of the proposed project; if those impacts can be avoided; and if those impacts can then be minimized, before the applicant has committed substantial resources in the project site. Use of the Nontidal Wetland Concept Plan review is for guidance purposes only; it does not imply approval of a Unified Nontidal Wetland Permit. Nontidal Wetlands of Special State Concern - those areas designated, based on the criteria in COMAR 08.05.04.23 and listed in COMAR 08.05.04.26, as having exceptional ecological or educational value of Statewide significance. Nontidal Wetlands of Special State Concern in Prince George's County are listed in Section 32-239. Off-Site - not on the same parcel as the nontidal wetland which has been adversely impacted by a regulated activity. On-Site - the same parcel on which a nontidal wetland has been adversely impacted by a regulated activity. Out of Kind - biological characteristics not closely approximating those of the nontidal wetland before it was adversely impacted by a regulated activity. Peat Mining - the extraction of peat of a commercially valuable quality and quantity. Person - the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. Practicable - available and capable of being done after taking into consideration the costs, existing technology, and logistics in light of the overall project purpose. Project - the entire activity on a parcel of land, including all proposed and projected phases and sections of land subdivisions, of which all regulated or other activities conducted in a nontidal wetland, buffer or expanded buffer are a part. Project Purpose - the principal reason for conducting all regulated activities and other activities on a project site. Regulated Activity: Means any of the following activities which are directly undertaken or originate in a nontidal wetland, buffer or expanded buffer; Removal, excavation, or dredging of soil, sand, gravel, minerals, organic matter, or materials of any kind; Change of existing drainage characteristics, sedimentation patterns or flood retention characteristics; Disturbance of the water level or water table by drainage, impoundment or other means; Dumping, discharging of material, or filling with material, including the driving of piles and placing of obstructions; Grading or removal of material that would alter existing topography; and Destruction or removal of plant life that would alter the character of a nontidal wetland. Does not include an agricultural activity or forestry activity as defined in this Ordinance. Repair - an activity that restores the character, scope, size, and design of a serviceable fill area, structure, or land use to its previously authorized and undamaged condition. Activities that change the size or scope of a project beyond the original design in order to drain, dredge, fill, flood, change the hydrology, or otherwise convert nontidal wetlands that were not previously impacted by the project are not included in this definition. Minor deviations to plans or specifications are allowed as long as no permanent nontidal wetland impact results from the deviation. Restoration or Restore - actions performed to return nontidal wetland acreage and function temporarily impacted by a regulated activity. Restoration also means actions performed to establish nontidal wetlands on former nontidal wetland sites. Scrub-Shrub Wetland - that portion of a nontidal wetland dominated by woody vegetation less than 20 feet in height as the uppermost strata. Serviceable - presently usable or currently fulfilling its basic, original purpose. Significant Plant or Wildlife Value - a nontidal wetland: Of the following unusual or unique community types: Bogs; Areas with bald cypress (Taxodium distichum), Atlantic white cedar (Chamaecyparis thyoides), red spruce (Picea rubens), balsam fir (Abies balsanea), or American larch (Larix laricina) that contain at least 20 percent of these species in any strata as determined by the Corps Delineation Manual; or Delmarva bays as defined in COMAR .08.05.04.01 B.21; With water discharge that maintains minimum stream base flow important for maintaining plant wildlife species; With threatened or endangered species, or species in need of conservation; Adjacent to Class III or Class IV waters as defined in COMAR 26.08.02.08; Of Special State Concern; That supports vernal pools as defined in COMAR 08.05.04.01 B.87; and That is regularly or periodically influenced by tidal waters. Site Development - any grading, grubbing or disturbance to remove unwanted vegetation and other material from a parcel of land for development, maintenance or reconstruction. Soil Conservation and Water Quality Plan - a land use plan for a farm that shows a farmer how to make best possible use of soil and water resources while protecting and conserving those resources for the future. Spring - a nontidal wetland that discharges groundwater at the surface to form a pool or to provide intermittent or perennial surface flow, and is usually characterized by saturated or organic soils. State Water Quality Certification - a certification issued by MDE pursuant to the Clean Water Act, Section 401. Structure - anything constructed or built and affixed, except for those structures built in order to maintain the wetland as part of an approved mitigation plan. Utility Line - any underground or overhead transmission line, pipe, cable, or wire for the conveyance of public or private water or sewer, natural gas or the transmission of electrical, radio or telecommunications service. Water-Dependent Activity - an activity for which the use of surface water is essential to fulfill the basic purpose of the proposed project. Watershed - the area draining into a river, river system or body of water. A watershed is a subunit of a drainage basin. Some examples of watersheds within Prince George's County are Tinker's Creek, Piscataway Creek and Western Branch. Wetland Boundary - the point the ground at which a shift from wetlands to nonwetlands occurs pursuant to the Corps Delineation Manual. Wildlife - any species of a vertebrate or invertebrate animal, excluding domestic species.

The Wetland Concept Plan is an optional pre-application review process used to provide the applicant with information about the presence of nontidal wetlands to determine: if there are any potential adverse impacts on nontidal wetlands as the result of the proposed project; if those impacts can be avoided; and if those impacts can be minimized. Consideration of alternative sites at the earliest stage may enable the applicant to refrain from committing substantial resources in the project site and retain the flexibility to avoid adverse impacts on nontidal wetlands. Wetland Concept Plan Purpose. The purpose of the Wetland Concept Plan is to determine: If the proposed project includes any regulated activity; If the proposed project can be modified to first avoid and then to minimize impacts on nontidal wetlands; If the proposed activity falls under the jurisdiction of a Unified Nontidal Wetland permit, a State Nontidal Wetland permit or if a Federal Section 404 permit may be required; and If the proposed activity is exempt or if it qualifies for a Letter of Authorization. Beginning January 1, 1994, all persons involved with the development of a project within Prince George's County are strongly encouraged to take advantage of the Wetland Concept Plan review process before submitting an application for a Unified Nontidal Wetland Permit, grading permit, building permit, or a preliminary plan of subdivision. Wetland Concept Plan Application. Applicants are encouraged to consult guidance maps prepared by MDNR to assist in identifying and locating wetlands. If the proposed activity will require a Unified Nontidal Wetland Permit, the Department will provide guidance on applying for the permit. The Wetland Concept Plan application form shall be furnished by the Department. The review process can be used to identify wetland areas, verify wetland delineations, or assist the applicant in identifying the type of nontidal wetland permits required for the proposed project. Submission requirements. The application and background information shall include the name of the property; the name of the applicant; the name of the property owner and their signatures; the name of the contract purchaser; a location map; the County Road Atlas page number and grid coordinates; zoning classification; a site plan of all proposed regulated and nonregulated activities, including, but not limited to the topography, natural features, location and dimensions of structures, driveways, pools, walk-ways, utility lines, septic systems and wells; a narrative of the proposed project's purpose; and any other information the Department may require. Additional submission requirements. If applicable, the following information shall also be submitted: the wetland report and delineation in accordance with the Corps of Engineers Wetland Delineation manual, Technical Report Y-87-1 and any subsequent amendments. Forest Stand Delineation and the proposed Type I or Type II Tree Conservation Plan; the proposed or approved preliminary plan of subdivision; soil map; drainage area map; and a 200 foot scale map of the project site if the proposed project involves a subdivision or a commercial or industrial use. If necessary to identify the potential impacts of a proposed project, the Department will request submission of one or more of the following: an analysis of pre- and post discharges to wetlands (changes to discharges, volumes and velocities); the total number of sites considered by an applicant along with the physical, economic and demographic characteristics of each site; the purpose of the proposed project and its relationship to the site; the location of any existing structural or natural features that constrain the placement or configuration of the proposed project; the spatial requirements of the proposed project; the sensitivity of the project design to the nontidal wetland(s); and any proposed phasing of the project (for larger projects which may not be completed within three (3) years, it is recommended that the project be phased). The Department, in reviewing and evaluating the Wetland Concept Plan, shall consider the following factors: Reduction in acreage of a nontidal wetland affected by a regulated activity; Harm to threatened or endangered species or species in need of conservation, or the critical habitat of these species; Movement of aquatic and wildlife species indigenous to the nontidal wetland or water body; Ability of the nontidal wetland to continue to support and provide habitat for those aquatic and wildlife species using the area; Hydrologic regime of the areas upstream and downstream of the area of impact; Functions of the impacted and/or adjacent nontidal wetlands; Passage of normal or expected high flows, or the relocation of water; Subsurface water flow into or out of any nontidal wetland area; Presence of, or potential for, supporting fish spawning areas; Presence of areas having significant plant or wildlife value; Cumulative impact to nontidal wetlands; and, Impacts to the 100- year floodplain. Upon completion of the Wetland Concept Plan review, the Department will provide a letter to the applicant stating that: A Unified Wetland Permit is required; A Letter of Authorization is required; A MDNR Nontidal Wetland Permit is required; A Federal Section 404 permit may be required; or A Wetland Permit or Letter of Authorization is required. The Wetland Concept Plan letter shall be valid for three (3) years from the date of issuance and may, upon review, be renewed for additional three (3) year periods. The Wetland Concept Plan review is for guidance purposes only and does not grant approval of a Unified Nontidal Wetland Permit.

A person may not conduct a regulated activity in a nontidal wetland, buffer, or expanded buffer unless the Department has determined that the activity is exempted or has issued a permit or a Letter of Authorization. Any County grading or building permit to conduct a regulated activity in a wetland, buffer, or expanded buffer is invalid unless the Department or the MDNR has issued a Nontidal Wetland Permit or a Letter of Authorization. Any fee structure for the nontidal wetland permit process shall be established by resolution of the County Council, and such fees shall be payable to Prince George's County. Application Forms. An application for a nontidal wetland permit shall be on a unified Federal, State and County permit application form furnished by the Department and shall include all information required in subsection (d) and any additional information required by the Department in subsection (e). The Department shall coordinate with other Federal, State and County agencies to expedite review of associated permits. The person signing the application form shall be: An officer or authorized agent, if the applicant is a corporation; A legally authorized official, if the applicant is a County agency or municipal government; An authorized partner, if the applicant is an association or a partnership; or An individual or his/her legally authorized representative, if the applicant is an individual. The person who signs the application shall be responsible for the truth, accuracy and completeness of all information in the application. An applicant for a permit or a Letter of Authorization shall submit all of the information required by the application form. An applicant for a Unified Nontidal Wetland Permit or Letter of Authorization may be required to submit one or more of the following items of information for an application to be considered complete and the delineation correct: The Wetland Concept Plan letter and all information submitted at the Concept Plan stage; Name of the property owner and contract purchaser; Legal description of the project location; Description of the project purpose including a discussion of the project's spatial requirements and the sensitivity of the project design to the nontidal wetland area; A composite site plan at a scale of one inch equals 200 feet drawn by a licensed surveyor or engineer to show the overall project and layout; A site plan at a scale of one inch equals 30 feet or 50 feet drawn by a licensed surveyor or engineer that includes the following: Nontidal wetland boundary, as marked by flags in the field, based on field delineation and in accordance with the Corps Delineation Manual, including the buffer and expanded buffer. The applicant shall maintain the boundary flags in place until notified by the Department; Location of all existing and proposed structures; Location of all proposed regulated and nonregulated activities; Property Lines of all adjacent and/or impacted properties; Names of adjacent property owners; Location of Nontidal Wetlands of Special State Concern; Location and number of all soil samples; Location of the County's approved 100-year floodplain boundary based on the proposed condition; Existing topography (2 foot field run contours, 5 foot contours or aerial as needed); and Type I and II Tree Conservation Plan or a valid letter of exemption; Proposed or approved preliminary plan of subdivision or lot layout; Drainage area map; Alternative site analysis including the physical, economic and demographic character of each site; An Avoidance and Minimization Analysis (A discussion of potential impacts and the steps taken, first to avoid, and then to minimize, impacts for each site); Demonstration of public need, as applicable, by showing; The present or future availability of projects with the same or similar public need; and A demand for the project in the general area; Representative photograph of the affected nontidal wetland area; A Phase I Mitigation Plan; Other information an applicant deems appropriate; A cross section of proposed final elevation after filling, grading or excavating; A description of the type and quantity of fill material to be used; Acreage, function and type of nontidal wetland area, buffer, and expanded buffer that will be affected permanently or temporarily by the regulated activity; Data from soil samples which will be: Taken from a minimum depth of 20 inches and include a description of soil colors and textures as obtained from borings sufficient to verify hydric or nonhydric conditions; On transects perpendicular to the nontidal wetland boundary, starting within the nontidal wetland area and moving towards the upland; and Numbered and accompanied by a soil description log indicating the observed or estimated depth to the highest water table during the year; Data sheets from the Corps Delineation Manual identifying and describing hydrology and vegetation along the transects required in subsection (e)(18); Identification of nontidal wetlands known or believed to have significant plant or wildlife value; Description of available utilities, site access, type and acreage of the nontidal wetland, and description of potential impacts for each alternative site considered by the applicant; Map of, and narrative statement regarding, the geographic boundaries of the general area where the proposed project could be undertaken and still meet the project purpose; Brief discussion of demographic factors which are critical to the success of the project, including data, statistics or marketing studies; Description of water, wastewater, community facilities, schools, transportation, or other public facility requirements of the project; An assessment of on-site and adjacent nontidal wetland buffer and expanded buffer functions; Field survey of animal species and/or the natural characteristics of the site; Soil infiltration rates as determined in the field; or Larger scale or more detailed engineering design plans or maps. Confidential Information. Except as provided in subsection (f)(2), information submitted to the Department under this regulation shall be made available for public inspection and copying. An applicant may request in writing, at the time the application is submitted, that confidential information submitted as part of an application not be disclosed. The Department shall determine if the information is confidential under State Government Article Section 10-611 et seq., Annotated Code of Maryland, and other applicable law. If the Department denies the applicant's request for nondisclosure, the applicant may withdraw an application or seek review of the Department's determination under applicable law. If the applicant withdraws an application, the Department shall, at the request of the applicant, return any documents designated as confidential.

The Department shall acknowledge receipt of the application in writing, within ten (10) days by fax or regular mail. The Department shall consider an application complete if it contains all of the information required under Section 32-119 and is sufficient for the Department to process the application. The Department shall notify an applicant for a permit in writing, within 45 days of receipt of an application stating whether the application is complete and the wetland delineation correct. If the application is incomplete or information submitted is insufficient, the Department shall notify the applicant, in writing, of the additional information needed. If the wetland delineation is incorrect, the Department shall so notify the applicant and require the applicant to correct the delineation. If the Department fails to notify an applicant of the need for additional information and/or correction of the wetland delineation within 45 days of receipt of the application, the application shall be considered complete and the delineation correct. The Department, upon written notice to the applicant, may extend the 45 day time period when at least one of the following extenuating circumstances prevent consideration of the application: Inclement weather conditions; Review required by Federal or State agencies; or Additional information must be submitted by the applicant to clarify or complete the information in the application. Public Notice. After the Department has determined that an application is complete and the wetland delineation is correct, the Department shall issue, at the applicant's expense, a public notice of an opportunity to submit written comments or request a public informational hearing about the application. The time period for submitting written comments or requesting a hearing shall not exceed 30 days. Public notice and a public informational hearing may not be required for activities that qualify for a Letter of Authorization under Section 32-226. The public notice shall contain: The name and address of the applicant; A description of the nature and location of the proposed project; A description of the proposed mitigation plan, if applicable. Instructions of how to submit written comments, request a public informational hearing, and/or how to place one's name on the interested person's mailing list; The expiration date for the opportunity to comment on the wetland delineation or to request a public informational hearing regarding same; A statement that any further notices concerning actions on the application will be provided only by mail to those persons on the interested persons mailing list; and The name, address and telephone number of person in the Department from which information about the application may be obtained. The public may be notified by any of the following methods: Selected mailing to Federal, State, County, or municipal authorities; persons on the interested persons mailing list; and adjacent property owners; Publication for at least one (1) business day in a newspaper of record; Joint notice with other Federal, State or County agencies; or Joint notice with other units or programs within the Department. The Department shall provide MDNR with a copy of the public notice for any completed application. Public Informational hearing. Any interested person may request, in writing, a public informational hearing. If requested, a public informational hearing shall be held within 45 days of the expiration date specified in the public notice. The Department shall mail the notice specifying the location, date and time of the public informational hearing to those persons on the interested person's mailing list. The Department may extend the time period for the public informational hearing for the following extenuating circumstances: Circumstances listed in subsection (e); or A request by an applicant. The Director may hold a public informational hearing and shall be designated as the presiding official. An applicant and any interested person shall be given an opportunity at the public informational hearing to present facts and make statements for or against granting the permit. Questions may be asked of, and directed to, the presiding official, but cross examination may not be conducted. The hearing is not a contested case hearing. The presiding official may determine the order of presentation of comments and questions at the public informational hearing. The public informational hearing may be conducted in the following order: Introduction by the Department. Presentation or proposed project by the applicant; Comments and questions by public officials; Comments and questions by other persons; and Closing of the public informational hearing by the presiding official; The presiding official has the authority and duty to: Conduct a full and fair public informational hearing; Act to avoid unnecessary delay and to maintain order; and Regulate the course of the public informational hearing and the conduct of the participants. The presiding official shall prepare an official record of the public informational hearing. The official record of the public informational hearing may not be transcribed unless the Department, the applicant, or a participant in the hearing requests a transcript. Costs of transcription shall be paid by the person requesting the transcript. In calculating any time period provided for in this Ordinance, if the last day falling within the tome period falls on a Saturday, Sunday or a County or State holiday, the time period will be extended until the next normal business day. Letter of Authorization. Within 45 days of the Department's determination that the application is complete and the wetland delineation correct, the Department shall notify the applicant, in writing, whether the activity qualifies for a Letter of Authorization and, if so, what best management practices, if any, will be required. The Department's Letter of Authorization shall be void if the information submitted is later shown to have been false, misleading or inaccurate. The Department shall pursue an appropriate enforcement action under Section 32-236 as to any activities that have been undertaken under the void Letter of Authorization. If the Department determines that the proposed activity does not qualify for a Letter of Authorization, it shall notify the applicant of the need to apply for a permit under Section 32-219. The Department shall specify in the Letter of Authorization the time period for which it is valid. If an applicant applies for a Letter of Authorization and a permit, the Department may withhold its decision on the Letter of Authorization pending a final permit decision. Interested person's mailing list. Upon written request, the Department may add additional names to the list. Those wishing to have their names placed on the list may send a written request to the Department.

Permit Decision. The Department shall, after the closing date for receipt of written comments or after a public informational hearing if requested: Consider the written comments, testimony and other information received; and Render a decision to grant, deny or condition a permit within: 60 days of the Department's determination that an application is complete and the delineation correct, if no hearing is requested; or 45 days of a public informational hearing. The Department may extend the time period in which to render a decision for an additional 30 days for the following extenuating circumstances: Review required by a Federal or State agency; or Request by an applicant. The Department may afford the applicant an opportunity to provide, or the Department may request the applicant to provide, additional information to address concerns raised in written comments. The applicant may request, in writing, that the Department withhold making a final permit decision on the application until additional information can be provided. The Department may withhold making its permit decision for six (6) months, after which the application shall be deemed withdrawn and a new application must be submitted, unless otherwise determined by the Department. Written notice of the permit decision shall be mailed to the applicant and to all persons on the interested person's mailing list. Notice of the permit decision need not be published. Work authorization under a permit shall be completed within the time period specified in the permit. An applicant may not submit a new permit application for the same scope of work where a permit application has been denied for six (6) months from the date of denial unless there is a substantive change in the application. A permit may not be issued and work may not begin unless a final site plan or any other necessary information is provided to the Department. Permit Reconsideration. A person who has the legal rights, duties, interests or privileges different from the general public, which are adversely affected by the Department's decision to grant, deny, or condition a permit, may request a reconsideration of the decision to the Director. The request for reconsideration shall be in writing and filed with the Department within 30 days of the permit decision. The request for reconsideration shall contain: The name, address and telephone number of the person making the request; The name, address and telephone number of any attorney representing the person making the request; A description of the grounds for the request, including the specific legal right, duty, privilege or interest which may be adversely affected by the permit determination, and which is different from those interests held by the general public; A statement of the specific relief desired as a result of the reconsideration; and A general outline of the evidence supporting the desired relief, including the names and addresses of those that can verify the information submitted for the reconsideration. The Director shall review a request for reconsideration to determine whether the person requesting it has: A specific legal right, duty, privilege, or interest which is or may be adversely affected by the permit determination and which is different from that held by the general public; Raised at least one issue that is related to the subject of the permit and arises under this Ordinance; and Made a request for reconsideration within 30 days of the date the permit was issued or denied as specified under this subsection. The Director shall determine whether to grant or deny the relief requested in the reconsideration. If the determination is to deny the request, the determination shall be in writing and mailed by certified mail to the person requesting the reconsideration. Notification of the determination to deny the relief requested in the reconsideration shall contain the following: The specific reasons for the denial; A statement that if appeal under this regulation is not sought, the denial shall be the Department's final decision on the request for reconsideration. Appeal of Permit Decision or Appeal of Reconsideration. Any person adversely affected by the determination to grant or deny the permit or the reconsideration has the right to appeal to the Prince George's County Board of Appeals. Such action shall be taken within ten (10) calendar days of the receipt of the notice of decision. The Board may reverse, modify or remand the decision of the Director only if the decision of the Director is clearly erroneous, illegal, arbitrary or capricious, or unsupported by any substantial evidence. The Board shall not have the authority to issue an order which is in conflict with a lawful order of the Director, or the requirements and provisions of this Ordinance.

The Department may not issue a permit for a regulated activity unless the Department finds the applicant has demonstrated that the: Proposed project is water-dependent and requires access to a nontidal wetland as a central element of its basic function under the criteria in subsection (b) and (c) below, or is not water-dependent and has no practicable alternative under the criteria in subsection (d); Regulated activity will first avoid and then minimize adverse impacts to the nontidal wetland based on consideration of existing topography, vegetation, fish and wildlife resources and hydrological conditions under the criteria in Section 32-223(b); Regulated activity does not cause or contribute to degradation of groundwater or surface water under the criteria in Section 32-224(a); and Proposed project is consistent with an applicable comprehensive watershed management plan. Water Dependency. A proposed project shall be considered water-dependent if the use of surface water or a nontidal wetland is essential to fulfill the basic purpose of the proposed project. The Department shall apply the following criteria in determining if a proposed project is water-dependent: Whether an alternative water source is available for use, including surface runoff or groundwater, that may have fewer adverse impacts on nontidal wetlands; and Whether the use of a nontidal wetland would only enhance a project rather than being essential to it. In determining whether a proposed project is water-dependent, the Department shall consider the applicant's definition of the project purpose but may independently determine whether the proposed project is water-dependent. For a multiple use project which has both water-dependent and nonwater dependent features, the Department shall determine which features are water-dependent. Access Test. In determining whether the proposed project requires access to a nontidal wetland as a central element of its basic function, the Department shall consider whether access could be accomplished at another location that would first avoid and then minimize nontidal wetland impacts. A water-dependent project, which the Department determines requires access to a nontidal wetland, shall be exempted from the requirements of Subsection (d), but shall comply with all other requirements referenced in Subsection (a). Practicable Alternative Analysis. The applicant shall demonstrate to the satisfaction of the Department that practicable alternatives, including both alternative site analysis and on-site minimization, have been analyzed and that the proposed regulated activity has no practicable alternative. In determining whether the proposed regulated activity has a practicable alternative, the Department shall consider whether: The project purpose can be reasonably accomplished using one or more alternative sites in the same general area as the proposed site that would avoid or result in less adverse impact to the nontidal wetland(s) under the criteria in Section 32-223. The Department shall consider the applicant's definition of "general area" but may take its own independent determination of what the "general area" is; The reduction in the size, scope, configuration or density of the proposed project and all alternative designs would avoid or minimize impact to the nontidal wetland but would not accomplish the basic purpose of the project under the criteria of Section 32-223(b); The applicant has made a reasonable effort to accommodate site restraints such as zoning regulations, infrastructure or parcel size which caused an alternative site to be rejected. To determine if an applicant has made a reasonable effort to accommodate constraints, the Department shall consider any pertinent information, including: Correspondence or other written documentation between an applicant and the County, including a request for a special exception or other Zoning variance; Evidence of efforts to modify the local infrastructure, including future planned expansions or redesign of the project because of a nontidal wetland impact; and Written documentation of the effort undertaken to acquire another site or to reconfigure the proposed project to accommodate the constraint. The regulated activity is necessary to meet a demonstrated public need. The following apply: To determine if the regulated activity is necessary for the proposed project to meet a demonstrated public need, the Department shall consider any pertinent information, including the economic value contributed by the proposed project to an identified State or local economic priority and if the proposed project promotes public health, safety or welfare. In weighing the economic value of the proposed project with respect to meeting a demonstrated public need in the general area, and the ecological and economic value associated with the nontidal wetland, the Department shall consider the functions of, benefits and the economic value provided to the general public by the nontidal wetland adversely impacted by the regulated activity and the ability of the nontidal wetland to continue to provide the identified functions and benefits to the general public.

Alternative Site Analysis. An applicant shall prove to the Department's satisfaction that alternative sites for the proposed project have been examined during the initial planning phase. An applicant shall search during the initial planning phase for one or more alternative sites that meet the project purpose and would result in the least adverse impact to nontidal wetlands. Determining the Initial Planning Phase. The intent of the initial planning phase is to require an applicant to evaluate the feasibility of the project and the adverse impact on nontidal wetlands at the earliest stage of the development process, before the applicant has committed substantial resources in the project site. Consideration of alternative sites at the earliest stage enables the applicant to retain the flexibility to avoid adverse impacts to nontidal wetlands. An applicant shall select the earliest of the following times as the initial planning phase for the proposed project: When an applicant conducts a formal or informal feasibility or market study, prepares an environmental impact statement or assessment, or a similar study for the project; When an applicant enters into an option agreement or contract of sale for the property; When an applicant applies for a Wetland Concept Plan review, a building permit, subdivision or infrastructure approval, zoning change or any other local governmental approvals for the project; At the time an applicant applies for a Unified Nontidal Wetland Permit under this Ordinance; When a budget or financing request is secure; or Any other appropriate time selected by the applicant. For the time selected in subsection (a)(3)(B), an applicant shall provide a written justification of the selection, including copies of any documentation supporting the selection and an explanation of why earlier times would be inappropriate or inapplicable to the proposed project. While the Director will give serious consideration to the initial planning phase selected by the applicant, the Department reserves the right to require additional information from the applicant concerning the initial planning phase selection or to independently determine the appropriate time. To determine if the purpose of the proposed project cannot be reasonably accomplished by using another site, the Department shall consider: Whether an applicant has made, and can document, a reasonable effort to analyze alternative sites in the general area during the initial planning phase to first avoid adverse impacts and then to minimize adverse impacts to nontidal wetlands; Whether an applicant has made, and can document, attempts to obtain land ownership interests or other rights to conduct the proposed project on alternative sites which first avoid adverse impacts and then minimize adverse impacts to nontidal wetlands; The total number of alternative sites and the physical, economic and demographic characteristics of those sites considered by an applicant; The physical, economic and demographic requirements of the proposed project relative to the alternative sites analyzed; The degree to which use of alternative sites is constrained by other governmentally imposed restrictions and requirements, including concern for avoidance of other environmental, social, community, archaeological, historic and park land impacts; Efforts undertaken to reduce adverse impacts to nontidal wetlands through consideration of reducing density, other site designs or project configurations on each alternative site analyzed; and The costs of fulfilling mitigation requirements for each alternative site. An alternative site may not be excluded from consideration because it includes or requires an area not owned by the applicant which could be reasonably obtained, used, expanded or managed to fulfill the basic purpose of the proposed project. Avoidance and Minimization Analysis. The applicant shall demonstrate to the Department's satisfaction that all necessary steps have been taken to first avoid and then to minimize adverse impacts to nontidal wetlands. Losses of nontidal wetlands shall be permitted only when adverse impacts to nontidal wetlands are necessary and unavoidable. In reviewing the sufficiency of the applicant's efforts to first avoid and then to minimize adverse impacts to a nontidal wetland through reduction of the project size, scope, or density or by an alternative configuration or design, the Department shall consider: The spatial requirements of the proposed project; The location of any existing structural or natural features that may dictate the placement or configuration of the proposed project; The purpose of the proposed project and how the purpose relates to placement, configuration or density; Sensitivity of the site design to nontidal wetlands; An applicant's efforts to: Reduce the scope of the proposed project; Remove or accommodate site constraints including zoning regulations, infrastructures, access or natural features; Otherwise avoid or minimize adverse impact; and The costs of fulfilling potential mitigation requirements based on project configuration or design versus the alternative project configuration or design. The Department shall consider pertinent factors when evaluating the extent to which a proposed project has avoided or the regulated activity has minimized, direct or indirect adverse impacts to nontidal wetlands under this Section, including: Reduction in acreage of a nontidal wetland affected by a regulated activity; Harm to a threatened or endangered species in need of conservation, or to the critical habitat of these species; Movement of aquatic and wildlife species indigenous to the nontidal wetland or water body; Ability of the nontidal wetland to continue to support and provide habitat for those aquatic and wildlife species using the area; Hydrologic regime of the areas upstream and downstream of the area of impact; Functions of the impacted or adjacent nontidal wetlands; Passage of normal or expected high flows, or the relocation of water; Subsurface water flow into or out of any nontidal wetland areas; Presence of, or potential for, supporting fish spawning areas; Presence of areas having significant plant or wildlife value; Cumulative impact to nontidal wetlands; and Impacts to the 100-year floodplain.

To meet the requirements of Section 32-222(a)(3), a regulated activity may not: As determined by the Department, MDNR or MDE, cause an individual or cumulative effect that degrades: Aquatic ecosystem diversity, productivity and stability; Plankton, fish, shellfish and wildlife; Recreational and economic values; and Public welfare; or As determined by MDE or the Department, cause an individual or cumulative effect that; Violates any applicable State water quality standard, the Environment Article of the Annotated Code of Maryland, or the Clean Water Act; and Degrades surface and groundwater quality. To meet the requirements of Section 32-222(a)(4), a regulated activity shall be consistent with the applicable comprehensive watershed management plan. Comprehensive watershed management plans shall meet the following criteria: Comprehensive watershed management plans may be prepared by Federal, State and local agencies; A private property owner may request to assist in the preparation of a comprehensive watershed management plan when the entire watershed is owned by the private property owner; and: When the Department, after consultation with MDNR and appropriate Federal, State and local government agencies, approves the request; A private property owner agrees to assist in the preparation of the comprehensive watershed management plan in accordance with this subsection; and The comprehensive watershed management plan meets the requirements of subsection (b)(3) through (5). Comprehensive watershed management plans shall be prepared in cooperation with Federal, State and local agencies and approved by the County and MDNR. The County and MDNR may not adopt or approve a comprehensive watershed management plan before conducting a public informational hearing on the proposed plan. A comprehensive watershed management plan shall include the following elements: A functional assessment of nontidal wetlands within the watershed; The location of potential mitigation sites; Protection of nontidal wetlands; A plan for limiting cumulative impacts to nontidal wetlands; Water supply management; and Flood management.

The following activities shall be exempt from the Unified Nontidal Wetland Permit and mitigation requirements of this Ordinance, but are subject to MDNR regulations under COMAR 08.05.04.13 and .15 through .18; Forestry activities conducted in accordance with COMAR 08.05.04.20 and .21: Agricultural activities in Regulation COMAR .08.05.04.19B. All other agricultural activities shall be exempt from the permit requirements of this Ordinance, but are subject to the mitigation requirements of COMAR .08.05.04.13 and .15 through .18; Activities conducted by State agencies; and Activities conducted in Nontidal Wetlands of Special State Concern. Any proposed regulated activity conducted by a person who has applied to the U.S. Army Corps of Engineering by December 31, 1990, for a permit under Section 404 of the Clean Water Act is exempt from the Joint State/County Wetland permit requirement provided that the following conditions are satisfied: The U.S. Army Corps of Engineers ultimately issues a permit or other document under subsection (b)(3)(C); The applicant does not alter the scope of the regulated activity originally applied for without authorization from the U.S. Army Corps of Engineers. A person submits the following information to the Department, as may be applicable, and as may be requested by the Department: A copy of a dated application for a permit under Section 404 of the Clean Water Act; A copy of the plans for the project which were submitted to the Corps; and A letter from the Corps describing the project and proposed activity and stating either: The project and proposed activity is authorized by the Corps; or The proposed activity is exempt from Section 404 permit requirements. The following activities shall be exempt from the Unified Nontidal Wetland Permit, provided they do not result in cumulative direct or indirect adverse impacts: Construction of additions, outbuildings and accessories to existing structures within a landscape management area which impacts less than 1,000 square feet of nontidal wetlands; Construction placed on existing impervious surfaces or on structures within the buffer or expanded buffer; Removal of 30 percent of the trees in the buffer provided that: The density, but not the areal extent of the trees, is reduced; No more than 30 percent of the understory is removed; and Clearing is in conformance with the applicable Type I and/or Type II Tree Conservation Plan; Moving or other forms of vegetation control on existing rights-of-way; The control of State designated noxious weeds; Landscape management in the nontidal wetland, buffer or expanded buffer; Soil investigations; Percolation tests for sewage disposal fields; Survey markers or survey monuments; Other similar activities with minimal adverse impacts as approved by the Department and MDNR; The maintenance of the following serviceable structures or fills: Above and underground utilities; Structures in rights-of-way; Railroad beds; Road beds, roadside ditches, culverts, outlet ditches, wash ponds and temporary sediment control structures; Bridges; Dams; Dikes; Levees; Water and wastewater control structures; and Facilities designed for stormwater management.

Except for regulated activities proposed within the Chesapeake Bay Critical Area, an activity that qualifies for a Letter of Authorization is exempt from the permit and mitigation requirements of this Ordinance. Activities proposed in the Chesapeake Bay Critical Area are not exempt from the mitigation requirements of Sections 32-230 through 32-234. Upon application, the following activities may qualify for a Letter of Authorization provided that the conditions in Section 32-227(b) are satisfied and best management practices, which may be required by the Department, are all met: Activities in isolated nontidal wetlands of less than one acre and having no significant plant or wildlife value. An applicant's determination of whether an area is an isolated nontidal wetland shall be based on published hydrologic and hydraulic data or data obtained in the field which shows whether the nontidal wetland is hydrologically connected. The applicant's determination shall be verified by the Department. Activities whose cumulative loss of nontidal wetlands and buffer, which contains no significant plant or wildlife value is: Less than 5,000 square feet; or Greater than 5,000 square feet; and The actual loss of nontidal wetland is less than 5,000 square feet; and Activities in the buffer result in minimal additional adverse impacts to nontidal wetlands as determined by the Department. Installation of utility lines. The installation of utility lines including the following activities: Trenching, jetting, jack hammering or plowing of nontidal wetlands; Laying of pipe, cable or wire; Backfilling of the excavated trench containing the pipe, cable or wire; Placement of the riprap; and Restoration of nontidal wetland areas which have been disturbed. Utility lines do not include: Intake and outfall structures; Pipe or pipeline used to transport any liquid or slurry substance except as associated with water and sewage lines; Natural gas lines greater than 12 inches in diameter; or Stormwater conveyance systems. Construction of overhead power transmission lines. Mitigation projects not required under this Ordinance. Regulated activities which impact the buffer and less than two (2) acres of farmed nontidal wetlands with 15 or more consecutive days on inundation during the growing season, except in Nontidal Wetlands of Special State Concern or their expanded buffer. The repair of the following serviceable structures or fills: Above and underground utilities; Structures in rights-of-way; Railroad beds; Road beds, roadside ditches, culverts and outlet ditches; Bridges; Dams; Dikes; Levees; Water and wastewater control structures; and Facilities designed for stormwater management. Activities which will result in the loss of nontidal wetlands that have been temporarily created by a permitted or authorized construction activity or as a result of a permitted activity, including wetlands created: Incidental to mining activities that were conducted under an approved mining plan or permit, or wetlands that have been created incidental to a mining activity, and that will be impacted during implementation of an approved reclamation plan; As a result of the construction of an approved sediment control structure; and For a specific purpose that will remain for a specified period of time, including wash ponds and grassed waterways. The following conditions apply to the activities listed in subsection (b)(7). If the structure or fill has been put to uses other than the use originally intended or authorized for the original construction, and the repair activity will alter or impair any additional nontidal wetland area, the repair of the structure may not qualify for a Letter of Authorization. Repairs to be made more than three (3) years after damage occurs or is first identified does not qualify for a Letter of Authorization. An applicant seeking a Letter of Authorization under Subsection (b)(8) shall submit the following: Information regarding the creation of the wetland; The purpose of the wetland creation, if applicable; The length of time the wetland has existed; A copy of the approved site plan, erosion and sediment control plan, mining plan or reclamation plan; A description of the function the created wetland has served; A request for the length of time the Letter of Authorization is to be valid; and Justification for conducting the regulated activity in the nontidal wetland. Structures that have been placed in nontidal wetlands (for example, sediment traps), or that have impacted nontidal wetlands through their construction or operation, do not qualify for a Letter of Authorization under subsection (b)(8). A Letter of Authorization issued under subsection (b)(8) is in effect for a period of up to five years and may be extended for one additional five-year period. No Letter of Authorization granted under subsection (b)(8) may be extended for more than one five-year period, for a total of ten years, unless the regulated activity is part of a permitted mining activity or involves implementation of a mining reclamation plan.

If a Letter of Authorization is granted, the Department may require an applicant to comply with best management practices, including one or more of the following: Conduct the regulated activity in a manner that does not pose any harm to a threatened or endangered species, or species in need of conservation, or alter or impair the critical habitat of these species; Properly maintain the structure or fill; Design the project to first avoid and then minimize any adverse impacts to the nontidal wetlands' existing topography, vegetation, fish and wildlife resources, and hydrologic conditions; Conduct the regulated activity in a manner that does not restrict or impede the: Movement of wildlife indigenous to the nontidal wetland or adjacent water; or Passage of normal or expected high water flow; Adhere to time of year restrictions as required by the MDE under COMAR 26.08.02; Avoid any disturbances in breeding areas for migratory waterfowl; Maintain the hydrologic regime of the nontidal wetland upstream, downstream or adjacent to the exempted activity; Remove excess fill or construction material or debris to an upland disposal area; Place materials in a location and manner which will not adversely impact surface or subsurface water flow into or out of the nontidal wetland; If backfill is obtained from sources other than the originally excavated material, use clean material free of waste metal products, unsightly debris, toxic material, or any other deleterious substance; Place heavy equipment on mats or suitably design the equipment to prevent damage to the nontidal wetlands; Repair and maintain any serviceable structures or fills in a manner that does not result in a substantial deviation from the plans or specifications of the original structure or fill. Minor deviations due to changes in materials or construction techniques, and which are necessary for repair and maintenance, are permitted; Restore any nontidal wetlands temporarily impacted by a proposed repair and maintenance activity; Repair and maintain any serviceable structures or fills so that there is no permanent loss of nontidal wetlands in excess of nontidal wetlands lost due under the original construction or fill; Conduct the activity in a manner that does not cause or contribute to a degradation of water quality as determined by the Department and MDE; For installation of utility lines, make post-construction grades and elevations of nontidal wetlands the same as the original grades and elevations. A proposed activity may not qualify for a Letter of Authorization if the Department determines that the activity: Does not qualify under Section 32-226; May result in significant individual or cumulative impacts to nontidal wetlands attributable to an entire and complete project; or Will not comply with the best management practices in Subsection (a). Activities of a similar nature. Applicants proposing to conduct repeated activities of a similar nature that may qualify for a Letter of Authorization may submit a single application to the Department. The department may issue a single Letter of Authorization for these activities. Activities may include: Structural repair and maintenance; or Work within rights-of-way.

The Department may require modification of a nontidal wetland permit to ensure compliance with this Ordinance. The Department may make modifications to a permit: Upon written request by the permittee; or When the rights of the permittee under the permit have not vested, and the Department: Receives new, relevant information; or Has amended the regulation under which the permit was issued. A permittee may apply for a permit modification of an unexpired permit. Modification requests shall be in writing and contain the following information: A description of the requested modification; A statement of the reasons and need for the requested modification; and A statement of the wetland and buffer impacts associated with the requested modification. An applicant shall provide additional information requested by the Department. Within 30 days of receiving a request for permit modification, or of receiving additional information, if any, the Department shall notify the permittee if the modification is major or minor and of its decision to grant, deny or condition the request. Within 15 days of receipt of notification, a permittee may request reconsideration of a complete or partial denial of a request to modify a permit. The reconsideration shall be conducted in conformance with Section 32-221(b) and (c). Minor Modifications. Minor modifications are changes to the original permit which do not constitute a significant departure from its terms and conditions, including: Correction of typographical errors; Changes in frequency of monitoring by the permittee; Changes of land ownership or permittee; Extension or reduction of the terms or conditions of the permit; Minor filed modifications, including substitution of comparable materials, structural realignments and sediment and erosion control corrections not affecting the design and performance of wetland protection measures or mitigation plans approved by the Department; and Relocation of the proposed project where the adverse impact is equal to or less than originally permitted. The Department may make minor modifications without notice or review. Major Modifications. Major modifications are changes to the original permit which constitutes a significant departure from its terms and conditions including changes in the scope of the project which result in a greater adverse impact than originally permitted. Major modifications are subject to the public notice and hearing procedures required for permit applications under Section 32-220(f) and (g). Major changes to the project may require reevaluation of the original permit approval. Notice to permittee of required modifications. The Department shall notify a permittee, in writing, if a modification to the permit or Letter of Authorization is required. Within 15 days of receipt of notification that a modification is required, a permittee may request reconsideration of the modification. The reconsideration shall be conducted in accordance with Section 32-221(b) and (c).

The Department may issue a temporary emergency nontidal wetland permit if: A threat to life, severe loss, or damage of property, or a threat to public safety or public work is imminent; and The anticipated threat, loss or damage may occur before a permit can be issued under the procedures otherwise required by this Ordinance. Permit requirements. The temporary emergency permit shall: Incorporate, to the greatest extent practical and feasible, the standards and criteria required for nonemergency regulated activities; Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; Require restoration of nontidal wetlands with temporary adverse impacts; Require mitigation for nontidal wetland losses pursuant to Section 32-230 through 32-234 of this Ordinance. Temporary Emergency Procedure. Not later than the next business day after beginning an emergency regulated activity, a temporary emergency permit shall be requested. A temporary emergency permit request may be made orally. However, the applicant shall submit a written request to the Department within three days of the oral request. The request in subsection (c)(2) shall include the: Applicant's name; Location of the emergency activity; Extent of work to be done; Anticipated adverse impact on nontidal wetlands; and Reason for the emergency. The temporary emergency permit may be granted orally or in writing. If oral approval is granted, the Department shall issue a written emergency permit within three (3) days of the approval. If oral approval is not granted, the Department shall issue a written temporary emergency permit within ten (10) days of the request if the temporary emergency permit is approved by the Department. The Department shall provide public notice and opportunity for comment on the issuance of a temporary emergency permit in a local newspaper of general circulation, not later than 15 days after the issuance of a permit. Upon written request by a permittee, the Department may extend the temporary emergency permit if more time is required to complete the work authorized or to restore the site. The Department may suspend or revoke a temporary emergency permit in conformance with Section 32-237. Work performed under a temporary emergency permit shall conform to conditions specified by the Department. A person shall apply for a nontidal wetland permit if: The person intends to conduct an additional regulated activity at the site which does not qualify for a temporary emergency permit; A temporary emergency permit is denied; Work authorized under a temporary emergency permit is conducted beyond the 90 day period under subsection (b)(2) without approval from the Department; or Mitigation is required under subsection (b)(4).

Exemptions. Mitigation or monetary compensation for nontidal wetland loss is not required for regulated activities that: Are exempted under Sections 32-225 and 32-226, except where specified; Do not result in a loss of nontidal wetlands; Occur only in the buffer or expanded buffer. Requirements. A permittee shall take all necessary steps to first avoid adverse impacts and then to minimize impact to nontidal wetlands. If the permittee demonstrates to the Department's satisfaction that losses of nontidal wetlands are unavoidable and necessary, the Department shall require the permittee to develop and implement mitigation. The Department shall require a permittee, as a condition of the permit, to mitigate or monetarily compensate for nontidal wetland losses caused by regulated activities not listed as exemptions in Subsection (a). The Department may waive some or all of the off-site mitigation requirements for up to one (1) acre of nontidal wetland lost for construction of special wastewater disposal facilities in a nontidal wetland on residential property. The waiver is conditioned upon the applicant siting the special wastewater disposal facility so as to first avoid and then minimize impacts to nontidal wetlands, and upon performance of on-site mitigation to the maximum extent practicable. The Department may reduce mitigation requirements if the regulated activity provides a significant environmental benefit of the proposed mitigation project and has a likelihood of success, as determined by the Department. The Department shall require a permittee to develop and submit a mitigation plan for review and approval. The plan shall be consistent with the following: Standards of Section 32-231; Plan requirements in Section 32-233; and Monitoring and bonding requirements in Section 32-232. The Department may accept monetary compensation only if it is determined that creation, restoration or enhancement of nontidal wetlands is not a feasible alternative. Monetary compensation shall only be accepted under specific conditions and shall be based on the fee structure guidelines described in Section 32-234. The Department may not base a final permit decision on the environmental benefits of a mitigation proposal or the financial benefits of monetary compensation proposals. If the Department denies approval of a mitigation plan and the permittee is aggrieved by the decision, the permittee may request reconsideration of the denial under the procedures of Section 32-221(b). The Department may order cessation of the permitted activity or interim stabilization measures, or rescind any other permits or approvals granted for the subject property, pending resolution of the request for reconsideration of the Department's decision. The Department may approve of mitigation bank sites in consultation with appropriate Federal, State and local agencies for the purpose of providing mitigation for identified projects. Mitigation bank sites for identified projects are required to meet the standards of Section 32-231(i) and (j) and the monitoring requirements of Section 32-232(a). Wetland bank sites will not obligate the County to issue a nontidal wetland permit for a future project that will cause nontidal wetland loss.

It is the goal of this Ordinance to attain a no net overall loss in nontidal wetland acreage and function, and to strive for a net resource gain in nontidal wetlands within Prince George's County. Achievement of the goal will occur through the regulatory components of this Ordinance and other County initiatives which incorporate nontidal wetland creation, restoration and enhancement projects outside of the regulatory framework. Mitigation standards shall be determined in part through the use of acreage replacement ratios. Acreage replacement ratios are expressed as a relationship between two numbers. The first number shall specify the acreage of nontidal wetlands to be mitigated, and the second shall specify the acreage of nontidal wetlands lost. The Department shall consider the mitigation requirement for replacing the loss of nontidal wetlands to be fulfilled when: The in-kind creation or restoration of nontidal wetlands meets the following replacement ratios: Emergent nontidal wetlands 1:1; Scrub-shrub nontidal wetlands 2:1; Forested nontidal wetlands 2:1; Emergent nontidal wetlands designated as Nontidal Wetlands of Special State Concern 2:1; Scrub-shrub nontidal wetlands designated as Nontidal Wetlands of Special State Concern 3:1; and Forested nontidal wetlands designated as Nontidal Wetlands of Special State Concern 3:1; or A minimum in-kind acreage replacement ratio of 1:1 has been met; and lost nontidal wetland functions have been replaced through additional creation, restoration or enhancement activities; or The Department has determined on an individual basis that enhancement is the only mitigation option, and has specified mitigation requirements which have been met by the permittee; The Department has specified mitigation requirements which have been agreed to and implemented by the permittee. The Department shall consider the mitigation requirements for replacing a loss of farmed nontidal wetlands to be fulfilled when the following replacement ratios have been met through: Enhancement of farmed nontidal wetlands 1:1; Creation or restoration of emergent, scrub-shrub, or forested nontidal wetlands 1:1. In order for enhancement activities to be acceptable for the replacement of lost nontidal wetland functions, the permittee may be required to: Perform a functional assessment based on site assessment techniques acceptable to the Department: and Identify how enhancement activities are to replace lost nontidal wetland functions. An enhancement activity may be accepted for replacement of lost nontidal wetland functions when the activity provides additional protection to, creates or improves the functions of, a nontidal wetland. Activities may include: Enhancement of farmed wetlands; Enhancement of degraded nontidal wetlands and buffers; Best management practices for agricultural activities; Creation of wildlife ponds approved by the Prince George's Soil Conservation District and MDNR; Purchase or preservation of upland buffers adjacent to existing, created, restored or enhanced nontidal wetlands; Purchase or preservation of existing nontidal wetlands; and Activities consistent with the plans and agreements to create or improve water-fowl habitats in Maryland. In determining if enhancement activities will replace lost nontidal wetland acreage and function, the Department shall consider the: Degree to which the enhancement activity replaces the functions of the lost nontidal wetland; Benefits of the enhancement activity in rehabilitating or maintaining the nontidal wetland; Scope and extent of the enhancement activity; Proximity of the enhancement activity to the nontidal wetland lost; Technical merits of the enhancement activity and its likelihood of long term success; Adverse impact of the enhancement activity on natural resources; Relationship of the enhancement activity to ongoing natural resource management activities; and Compatibility of the enhancement activity to ongoing natural resource management, if applicable. Mitigation projects shall be connected to existing nontidal wetlands, waterways or 100-year floodplains. Projects may be located on multiple parcels. Projects shall be located according to the following geographic location in order of preference, unless otherwise determined by the Department: On site; Off site, in a location approved under a Comprehensive Watershed management Plan; Off site, in a location identified in plans and agreements to create or improve waterfowl habitats in Maryland and approved by the Department and MDNR. Where the Department has determined, in consultation with other Federal, State, County and local agencies, that regional needs for nontidal wetland functions strongly justify the siting of mitigation projects, and the mitigation project is located: In the watershed where the nontidal wetland loss occurred; In the drainage basin where the nontidal wetland loss occurred; or Outside the drainage basin where the nontidal wetland loss occurred, preferably within the County. Mitigation projects for regulated activities in the Chesapeake Bay Critical Area shall be located in the Critical Area according to Subsection (h)(1)—(3); Siting Within Geographic Locations. In selecting sites, a permittee shall pursue mitigation projects on upland sites which have undergone significant human disturbances. A permittee shall avoid, whenever possible, siting mitigation projects on: Forested lands; Lands used for dredge disposal, mine refuse or other purposes where contamination problems may exist; or Lands which are existing or potential habitat for plant or animal species: Listed as endangered or threatened by the U.S. Fish and Wildlife Service; Listed as endangered or threatened or species listed as in need of conservation by the Department and MDNR; or Considered as a candidate for listing by the U.S. Fish and Wildlife Service, or considered to be locally unusual or rare by the Department and MDNR. Project Standards. The permittee shall successfully implement the approved mitigation plan within the time period specified by the Department based on the mitigation plan. Created or restored nontidal wetlands shall meet the following plant survival criteria: After five (5) years greater than 85 percent of the site shall be vegetated by planted species approved by the Department or by a species composition agreed to by the Department; Allowances shall be made for natural species changes as long as the plant communities are similar to those lost; and After five (5) years, the nontidal wetland shall be dominated by native or adaptive vegetation. In the case where a permittee has proposed the use of natural re-vegetation as part of the creation, restoration or enhancement of the project, greater than 85 percent of the site shall, after five (5) years, be: Vegetated by species similar to those that are found in the nontidal wetland area that was lost or by a species composition agreed to by the Department; and Dominated by native or adaptive vegetation. In the case where the nontidal wetland was dominated by exotic or nuisance plants, the Department shall accept out-of-kind mitigation. The Department may not approve mitigation plans that include exotic or nuisance plant species. Protection Mechanisms. The permittee shall provide mechanisms to assure the protection of created, restored or enhanced nontidal wetlands in perpetuity. This may be achieved through protection mechanisms, including: Deed restrictions; Conservation easements; Deeding the created, restored or enhanced nontidal wetland to an organization or public agency capable of protecting the area in perpetuity; or Restrictive covenants. Any protection mechanism under subsection (1) above shall include the following provisions: Language granting the Department, or any successor agency, access to the mitigation site for inspections during the construction and monitoring period of the mitigation project, if the permittee forfeits a bond and the Department decides to complete the construction of the mitigation project; In the case of an easement agreement, language allowing assignment of a permittee's interest under the easement agreement to the Department, if the bond is forfeited and the Department decides to complete construction of the mitigation project; An absolute prohibition on the draining, dredging, removal or filling of the created nontidal wetland site; and Language that the restriction is perpetual, binding on the grantor's personal representative, heirs, successors and assigns and runs with the land.

Monitoring of Mitigation Projects. The permittee shall submit to the Department annual monitoring reports, on dates to be specified by the Director, for five (5) years from the completion of the construction of the mitigation project unless the permittee has received written notice from the Department that the monitoring requirements have been fulfilled in less than five (5) years. Through written notification to the permittee, the Department may extend the required monitoring period for not more than an additional three (3) year period if the mitigation project fails to comply with Section 32-231(k). Annual monitoring reports submitted to the Department shall include the following information: A description of how the mitigation project meets the mitigation project standards in Section 32-231(k); Photographs of the mitigation project; The commercial source of planting stock whenever planting is required; A description of any midcourse corrections which have been taken, or need to be taken, to implement the mitigation plan or a component thereof to meet the standards of Section 32-231(k); and An "as-built" site design plan. The Department reserves the right to inspect the mitigation project at any time during its construction, during the required monitoring period, and at any time after that to assess the long term viability of the mitigation project. The permittee shall consider monitoring requirements fulfilled only upon receipt of written notice from the Department. Bonding. This Subsection does not apply to agencies of any Federal, State, County or Municipal government. Within sixty (60) days of the Department's approval of Phase II of the mitigation plan, a permittee shall file with the Department a surety bond on a form to be prescribed and furnished by the Department. The surety bond shall be payable to the Prince George's County Government and conditioned upon the successful completion of construction of the mitigation project according to an approved mitigation plan. Upon approval by the Director and the County Attorney, the Department may accept one of the following alternative forms of security: A deposit of cash or negotiable bonds of the U.S. Government having a market value equal to the acceptable bond amount accompanied by a written agreement of the bank to pay the County on demand in the event of forfeiture; A certificate of deposit equal to the required bond issued by a bank in the State of Maryland and accompanied by a written agreement of the bank to pay the County on demand in the event of forfeiture; or An irrevocable letter of credit that is equivalent to the required bond issued by a bank or financial institution organized or authorized to do business in the State of Maryland that expressly states that the total sum is guaranteed to be available and payable directly to the County on demand in the event of forfeiture. The irrevocable letter of credit may not expire until all mitigation and monitoring requirements have been fulfilled to the Department's satisfaction. Upon approval by the Director and the County Attorney, the Department may accept the following alternatives to posting a surety bond before work is begun under a permit: The grant to the Department, in trust, of a deed, by an easement or other interest in upland property owned by the permittee, that has at least the same monetary value as the selected mitigation site. Fulfillment of mitigation requirements before the permitted activity results in a loss of nontidal wetlands. The Department shall obtain possession of, and keep in custody; all alternative forms of security deposited by the permittee under subsection (b)(4)(A) through (C) until authorized for release. All alternative forms of security may not expire until construction of the mitigation project has been successfully completed pursuant to the approved mitigation plan, as may be modified under Section 32-233(c). The amount of the bond shall be set at $20,000 per acre of nontidal wetland mitigation required under the permit. For permits that will impact less than one (1) acre, but no less than one-quarter acre of nontidal wetlands, the bond shall be set at $5,000 per one-quarter acre. The permittee may request the Department to reduce the required bonding amount based on estimated or actual costs of the mitigation project and any other relevant information. In no event may the amount of security required be less than the total costs of the mitigation requirements, taking into account the following: Number of acres to be mitigated; The cost of land in the area of the mitigation site; The proposed method of mitigation; and Any other relevant factors, including reduction of the bond amount for projects with a high likelihood of success. Liability under the bond shall continue until all mitigation and monitoring work has been successfully completed, and the work has been accepted as final by the Department. A bond or other alternative form of security shall contain a provision that it cannot be canceled by the surety, bank, or other issuing entity, except after not less than 90 days written notice to the Department and to the permittee. At least 45 days prior to the cancellation date indicated in the notice, the permittee shall file with the Department a commitment from a surety, bank, or other issuing entity to provide a substitute bond or other security which will be effective on the cancellation date in the notice. The amount of the bond posted by a permittee may be adjusted by the Department based on the actual costs of the mitigation design plan or if the cost of future mitigation work changes. The Department shall notify the permittee of any proposed bond adjustment and provide an opportunity for an informal conference on the adjustment. A permittee may request reduction of the bond amount upon submission of evidence to the Department that proves the costs to complete the mitigation plan have been reduced. Such requests shall be considered as a request for a partial bond release. The surety bond shall be fully or partially released to the obligee upon receipt of written notice from the Department which states that all mitigation requirements have been satisfactorily fulfilled or that a partial release is appropriate under subsection (b)(9). The written notice for a full bond release shall be sent at the end of the required five (5) year monitoring period, a lesser monitoring period as described under subsection (a)(1), or the extended monitoring period as described under subsection (a)(2). Bond Forfeiture. The bond or other instrument securing compliance with a permit may be subject to forfeiture upon: Revocation of a nontidal wetland permit; Failure of the permittee to comply with an administrative order; or Failure to comply with any element of the approved mitigation plan and an approved modification. The Department shall notify the permittee and the surety or other financial institution in writing, by certified mail, of its intention to initiate forfeiture proceedings. The permittee shall have 30 days from receipt of the notice of forfeiture to show cause why the bond or other instrument should not be forfeited. If the permittee fails to show cause, the bond or other instrument shall be forfeited. On showing cause, the Department shall provide for a reasonable time for the permittee, surety or other financial institution, to correct the problem. If the permittee fails to show cause, the bond or other instrument shall be forfeited nisi and the Department shall notify the permittee, surety or other financial institution, of the forfeiture. If a showing of an intention to correct the problem in compliance with the mitigation project is not submitted to the Department within 30 days from forfeiture nisi, the bond or other security shall be forfeited absolute. To avoid double bonding, the Department shall work with an applicant required to post bond under other Department programs requiring a bond. A permittee may not conduct a regulated activity in a nontidal wetland if the permittee previously forfeited any bond or alternate security under this Ordinance, unless the permittee repays the Department the cost of completing the mitigation project in excess of the forfeited bond or alternative security plus interest at the rate set in the Courts and Judicial Proceedings Article, Section 11-107(a), Annotated Code of Maryland. If the mitigation project is still not completed, the permittee shall complete the mitigation project at its expense according to the approved mitigation plan and any approved modifications

Phase I Mitigation Plan. A permittee shall submit a Phase I Mitigation Plan as part of the nontidal wetland permit application. Phase I Mitigation Plans shall include all of the following information: Names, addresses and telephone numbers of the principals associated with project implementation; A proposal, if applicable, to use monetary compensation consistent with Section 32-221 to fulfill mitigation requirements; A photograph and description of the type and acreage of the proposed nontidal wetland losses; A description of the activity causing the nontidal wetland loss; A description of mitigation projects proposed to fulfill the required replacement of nontidal wetland acreage and/or functions. The description shall include a project location map, showing the geographic relationship between the area of proposed nontidal wetland loss and the proposed mitigation site or sites; and A description of the site selection process and a justification of the selection of the proposed mitigation site based on Section 32-231(h) and (j); A description of the selected protection mechanisms required in Section 32-231(1). The Department shall render a decision concerning the acceptability of the Phase I Mitigation Plan as part of the final permit decision. In rendering a decision on the Phase I Mitigation Plan, the Department shall provide guidance to the applicant on the content, timing and necessity of proceeding with the Phase II Mitigation Plan. Phase II Mitigation Plan. A permittee may submit the Phase II Mitigation Plan as part of the permit application. Unless otherwise determined by the Department, the Phase II Mitigation Plan shall be submitted within three (3) months of the Department's final permit determination. The design plan shall include all of the following information: Plan view scaled drawings prepared by a licensed surveyor or engineer that include: A vicinity map showing the project location, existing land use and zoning; The location, type and acreage of proposed nontidal wetland mitigation activities; The location of proposed stockpile areas; The location of proposed sediment and erosion control devices; The location of all areas to be used to store machinery, equipment or supplies; The proposed source of borrow materials; The proposed location, spacing and type of propagules for each plant species; and Other information pertinent to a Phase II Mitigation Plan as required by the Department; Cross section drawing showing existing and proposed final site conditions including grade, elevation and slope; Description of how enhancement activities will replace lost nontidal wetland acreage and functions; If applicable, a description of how the enhancement of farmed nontidal wetlands will replace lost nontidal wetland acreage and function; Construction schedule, which includes estimated start and completion dates; Hydrology, which includes: Estimated elevation of surface and groundwater, as measured from the soil surface, bimonthly from November to May and monthly from June to October; The source of the water, such as precipitation, surface water, or ground-water, over various seasons of the year; The reliability of the hydrologic sources throughout various seasons of the year; and Relevant precipitation data; Substrate conditions, including a description of: Existing soil and substrate conditions; and Soil and substrate amendments needed to meet hydric soil characteristics and maintain the specified plant species; Vegetation to be planted, including all of the following: The scientific and common name of plant species. All plants shall be native or adaptive to the State; Planting dates for each species according to propagation methods; and Planting stock fertilizer requirements for the entire five (5) year monitoring period; A five (5) year monitoring schedule establishing responsibility for the removal of exotic and nuisance vegetation, and permanent establishment of the nontidal wetland system and its component parts. The Department shall encourage the permittee to provide for the long-term maintenance and monitoring of mitigation sites beyond the required monitoring period; A detailed budget of the proposed mitigation project costs, including: Land acquisition; and Design, which includes construction, monitoring and maintenance; A description of protection mechanisms required in Section 32-231(1). The permittee shall present evidence of a legal right to implement the proposed mitigation plan on the selected site by providing: An executed deed conveying title of the selected site to the permittee; An executed conservation easement agreement; Written evidence of the landowner's consent for use of the selected site; A fully executed option agreement, long-term lease agreement, sales contract for the selected site; or Other written evidence of a possessor ownership interest in the selected site. The Department may waive all or part of the requirements of a Phase II Mitigation Plan. The Department may not release a bond or terminate monitoring without receipt of a legally binding deed, long-term lease, or conservation easement on those lands where mitigation will occur. The Department shall render a decision concerning the acceptability of the Phase II Mitigation Plan within 45 days of receipt of a completed plan, unless a final permit decision has not been made. If the Department fails to notify the applicant within the 45 day period, the plan shall be considered acceptable unless a final permit decision has not been made. Mitigation Plan Modification. The Department may require, and a permittee may request, modifications to an approved mitigation plan or component during construction to ensure compliance with this Ordinance. Modification, substitution, or other deviations from an approved mitigation plan or component may not be made without approval under this Section. A modification request may be made orally and followed up in writing. A written request shall contain the following information: The name of the permittee; Location of the mitigation project; A description of proposed modification; and A justification for the modification. The Department's decision may be given orally or in writing. The Department shall notify a permittee of its decision within ten (10) days of a written request. If an oral decision is made, the Department shall confirm its decision, in writing, within ten (10) days. The Department's decision, whether oral or written, is binding on the permittee.

The Department may accept monetary compensation if it determines that mitigation for nontidal wetland loss is not a feasible alternative. Monetary compensation may not be suitable for the requirement to first avoid adverse impacts and then to minimize nontidal wetland losses. When a permittee maintains that mitigation is not a feasible alternative based on the requirements of Subsection (c), the permittee shall propose that the Department accept monetary compensation. A proposal for acceptance of monetary compensation shall be submitted as part of a Phase I Mitigation Plan. Monetary compensation may be accepted under one or more of the following circumstances: The size of the nontidal wetland loss is less than one (1) acre; In-kind mitigation is technically not feasible; or An acceptable mitigation site cannot be located within the County. The permittee shall demonstrate compliance with Section 32-231, including submission of the following information: Number of sites evaluated. A minimum of seven (7) sites is required; A map and description of sites rejected; Justification of why each site was unsuitable for mitigation; and Other information required by the Department; The Department recommends use of the compensation fund. Monetary compensation proposals may be rejected if the Department determines that: Mitigation requirements can be fulfilled on-site; or Conditions in Subsection (c) are not fulfilled. The Department shall render decisions on proposals to accept monetary compensation based on subsection (b) as part of a final permit decision. The Nontidal Wetland Compensation Fund shall include: Monetary compensation paid by a permittee instead of engaging in the creation, restoration or enhancement of nontidal wetlands; Civil or criminal penalties imposed by a court pursuant to Sections 32-236 or 32-237; and Other monetary contributions to the fund from other sources. Funds in the Nontidal Wetland Compensation Fund may only be used for the creation, restoration or enhancement of nontidal wetlands. This includes the location and acquisition of land, design, construction, monitoring, maintenance and the development of mitigation plans. The Department may base monetary compensation on anticipated costs for development and construction of mitigation projects, including location and acquisition of land, design, maintenance and monitoring costs. The Department may use the following to determine costs: Land acquisition costs derived from fair market value of the converted nontidal wetland by the permittee, based on at least two independent appraisals or other evidence of land value which may be acceptable to the Department; Design costs derived from a percentage of construction costs or actual costs for projects similar in size and complexity that have been completed by other permittees or the Department; Construction costs derived on a case by case basis, taking into account the following factors: Nontidal wetland type, size and functions; Amount of planting, grading and other site preparations; and Costs of similar mitigation projects completed by other permittees or the Department; and Monitoring and maintenance costs derived from a percentage of construction costs or actual costs for projects similar in size and complexity completed by other permittees or the Department. Funds credited, and any interest accrued, to the Nontidal Wetland Compensation Fund shall remain available until expended, and may not revert to the General Fund or to the Stormwater Enterprise Fund. The Department shall prepare an annual report by the end of the County's fiscal year on the Nontidal Wetland Compensation Fund that includes an accounting of: Financial receipts and expenditures to and from the fund; and Mitigation projects completed and in progress. The Department shall provide a copy of the annual report to the County Council, MDNR, and make it available to the general public.

The buffer for nontidal wetlands with adjacent areas containing steep slopes or highly erodible soils shall be expanded to 100 feet. Nontidal Wetlands with Steep Slopes and Highly Erodible Soils. The following criteria may be used by the Department in designating nontidal wetlands with steep slopes or highly erodible soils: Slopes immediately adjacent to the nontidal wetlands in excess of 15 percent; or Soils adjacent to a nontidal wetland with an erodibility factor greater than 0.35 as determined by the Prince George's Soil Conservation District. Specific nontidal wetland sites with steep slopes and highly erodible soils identified by the Department shall be designated by regulation.

Enforcement Authority. The Department shall have the duty and means of enforcing all regulations of this Ordinance. Inspection and Complaints. The Department shall conduct an Enforcement Program to assure continuing compliance with this Ordinance. The Department shall conduct inspections and file reports for periodic inspections as necessary during the construction of permitted projects and approved mitigation plans to assure compliance with the permit or the Letter of Authorization. The Department shall perform a final inspection upon completion of the permitted project and mitigation plans approved by the Department. The final inspection will determine if the completed work has been constructed in accordance with the permit, the Letter of Authorization, or the approved mitigation plan. In addition to all other remedies provided by State or County law, the County Attorney, on behalf of the Department, may institute injunction, mandamus or other appropriate action. Violations and Penalties. The Department may revoke a permit for cause including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or a change in conditions. The Department shall notify the violator, in writing, and provide an opportunity for a hearing. The Department may issue a Stop Work Order against any person who, or project that, violates any provision of this Ordinance, or any regulation, order, or permit under this Ordinance, related to a regulated activity. A person who violates any provision of this Ordinance, or any rule, regulation, order or permit under this Ordinance is liable for the penalties set forth in subsection (c)(4) below, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection. A person who violates any provision of, or fails to perform any duty imposed by, this Ordinance, or by a rule, regulation, order, or permit under this Ordinance, is guilty of a misdemeanor and, on conviction, is subject to: For a first offense, a fine not to exceed $10,000; or For a second offense or subsequent offense, a fine not to exceed $25,000. All enforcement fines, fees and bond forfeitures collected will be credited to the Nontidal Wetland Compensation Fund as described in Section 32-234.

Grounds for Permit Suspension or Revocation. The Department may suspend or revoke a Unified Nontidal Wetland Permit, after written notice to the permittee, if the Department determines that any of the following has occurred: The permittee has failed to post the bond required under Section 32-232(b); The permittee has failed to comply with the requirements of an administrative action or order under this Ordinance or for a violation of this Ordinance; The permit application misrepresented or failed to disclose a relevant or material fact; The requirements of the permit have been violated; There has been substantial deviation from the plans, specifications or requirements of the permit or the Letter of Authorization; The permittee has prevented a representative of the Department from entering the activity site to make reasonable inspections; or The permittee's rights under the permit have not vested and new information, changes in site conditions, or amended regulatory requirements necessitate revocation or suspension. Written notice. Except as provided for under Subsection (d), Emergency Action, the Department may not suspend or revoke a nontidal wetland permit or Letter of Authorization unless the Department notifies a permittee of the suspension or revocation by certified mail. The notice shall include: The specific facts that warrant the suspension or revocation; and An opportunity for the permittee to appeal the action. Hearings. Upon receipt of written notice to suspend or revoke a permit, the permittee shall have ten (10) days to request a contested case hearing. A hearing under this Subsection shall be conducted according to Section 32-221(c). If the Department does not receive a request for a hearing, the permit shall be revoked or suspended. Emergency Action. The Department may order the immediate suspension or revocation of a permit or Letter of Authorization if the Department: Finds that public health, safety or welfare requires the emergency action; and Promptly gives the permittee written notice of the emergency action. A notice of emergency action shall include a statement of: The specific facts upon which the emergency action is based; and The permittee's opportunity to be heard in accordance with subsection (c).

The Department shall submit an annual report to MDNR that evaluates the administration of the program, coinciding with the State fiscal year. The report shall include the following information: Number of permits issued, modified and denied; Types of activities; Location of activities; Number of violations identified plus the number and nature of enforcement actions taken; Comments from the regulated community and members of the public, including copies of any written complaints about the County's administration of the program; Acreage totals of nontidal wetland losses by type; Mitigation actions, including acreage totals of mitigation projects by type of project; Examples of minimization efforts; Number of conditioned exemptions granted and nontidal wetlands lost as a result; and A report on the Department's Nontidal Wetland Compensation Fund in accordance with Section 32-234.

Maps of areas designated as Nontidal Wetlands of Special State Concern shall be maintained by the Department and MDNR and available for public review. Areas designated in Prince George's County as Nontidal Wetlands of Special State concern are: Site Name U.S.G.S. Quad Name (1) Beck Woods Laurel (2) Belt Woods Lanham (3) Beltsville Airport Bog Laurel (4) Beltsville Bottomland Forest Laurel/Beltsville (5) Beltsville Forest and Meadow Laurel (6) Beltsville Seasonal Pond Laurel (7) Buck Lodge Road Bog Beltsville (8) Chews Lake Bristol (9) Fort Ravine Mount Vernon (10) Johnson's Gully Mount Vernon (11) Huntington Park Woods Laurel (12) Magruder Ferry Seep Lower Marlboro (13) Mockley Swamp Mount Vernon (14) Patuxent Maple Swamp Bowie (15) Patuxent W.R.C. Laurel (16) Route I-95 Bog Beltsville (17) Southwest Branch Bottomland Forest Lanham/Upper Marlboro (18) Suitland Bog Anacostia (19) Upper Patuxent Marshes Natural Heritage Area Bristol (20) Watkins Regional Park Mitchellville (21) Zekiah Swamp Brandywine